We probably should have filed a motion for post conviction. We probably should have filed it before we filed our 9.141.
Well, we are filing it now.
Generally, there are two primary scenarios in which someone who is convicted can file a 3.850 motion:
- Ineffective assistance of counsel, and
- Newly discovered evidence.
Ineffective assistance of counsel is the most commonly used allegation. If that is the grounds for the Motion to Vacate Sentence, it must be filed within two years of the conviction becoming final. Simply put, the person who has been convicted is alleging that “but for” the ineffective assistance of his attorney, the outcome of the case would have been different. Ineffective assistance of counsel can take many forms, from failing to investigate and present a particular defense, failing to interview exculpatory witnesses, or not extending a plea offer to the client. These are just three examples, but many more exist and have been successfully asserted.
Newly discovered evidence is also a common basis for a Motion to Vacate Sentence. Quite often, DNA evidence will reveal that the person who has been convicted did not commit the crime. Sadly, reports of these wrongful convictions are reported in the news on a regular basis.
Charles Ajoloko’s case is a combination of both.
Let’s see what happens.
It is time for justice to be served.
Justice for My Son 2
PO Box 353
Tuscaloosa, Alabama 35453
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Email – email@example.com
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