Appellate counsel ineffective for failing to challenge the attempted robbery jury instruction had omitted part 2(a) of the standard attempted robbery jury instruction. which reads as follows: 2 a. [someone prevented [him] [her] from committing the crime of (crime charged).](This was the omitted part in the jury instruction). Additionally, Further instructions should have read’ toward committing the crime … More Let’s Really Confuse the Jurors-Appellate Counsel Ineffective for Failing to Challenge the Omitted Instruction in The Attempted Robbery Jury Instructions
Charles Ajoloko petitions for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge that attempted robbery with a firearm and aggravated assault with a firearm which arose from a single criminal episode, violate double jeopardy. Failure to raise a valid double jeopardy claim on direct appeal can constitute ineffective … More Appellate Ineffective for Not Raising Double Jeopardy on Direct Appeal
This post contains the verdict forms, prosecutor closing arguments incorrectly stating the lesser included offenses and trial court written jury instructions about lesser included offenses. Charles Ajoloko petitions this court for a writ of habeas corpus asserting that his appellate counsel was ineffective for failing to argue that the trial court erred in giving the … More Verdict Forms were Calculated to Confuse or Mislead the Jury.
This post contains dialogue from the sentencing transcript and the motion for new trial. Charles Ajoloko petitions for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise on direct appeal the trial court’s order denying the motion for a new trial. The trial court did not give any reason … More Motion For A New Trial not Raised on Direct Appeal
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense. The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to … More “The right to counsel is the right to the effective assistance of counsel”
Well, Charles and I are at it again. We need help. We desperately need pro bono help. We are still awaiting confirmation from the Innocence Project. So far, Charles and I have done a Preliminary Statement, Introduction, and Jurisdiction to Entertain Petition and Grant Habeas Corpus. We are now trying to do the Grounds for … More Grounds for Habeas Corpus Relief
Post by @justiceforhim2. Source: Behind Bars – A New Education
Trial attorney closing argument is about mis-identification, yet trial attorney did not request an evidentiary hearing, also known as a Richardson Hearing when the victim/witness went from someone unable to identify the suspect to almost 3 years later, able to identify. It is also unfathomable to me why the trial attorney did not put in a motion to … More Trial Attorney’s Closing Argument- Shows That He Should Have Requested a Richardson Hearing or at worst motion to suppress 2nd photo lineup.
JURISDICTION TO ENTERTAIN PETITION AND GRANT HABEAS CORPUS RELIEF This is an original action under Florida Rule of Appellate Procedure 9.l00(a). See Art. l, Sec. 13, Fla. Const. This Court has original jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(a)(3) and Article V, Section 3(b)(9) of the Florida Constitution. This petition presents constitutional issues … More JURISDICTION TO ENTERTAIN PETITION AND GRANT HABEAS CORPUS RELIEF- Pro-Bono Help Needed
INTRODUCTION Numerous errors were committed in the appeal of the conviction and sentence of petitioner, Charles O. Ajoloko. The petitioner was diagnosed with a bipolar schizoaffective disorder by Dr. Jeffrey Dxxxxx. Dr. Dxxxxx is a Board Certified Psychiatrist with sub-certifications in Forensic, Geriatric and Addictions Psychiatry. Dr. Dxxxxxx is a recognized, experienced expert witness … More Charles’ Introduction – Still Seeking Help from an Attorney
PRELIMINARY STATEMENT Article l, Section 13 of the Florida Constitution provides: “The writ of habeas corpus shall be grantable of right, freely and without cost.” This petition for habeas corpus relief is filed to address substantial claims of error under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and the … More CHARLES’ PRELIMINARY STATEMENT – Not Bad For 2 novices – Still seeking attorney help
http://www.theatlantic.com/politics/archive/2015/09/mass-incarceration-has-become-the-new-welfare/404422/ Mass Incarceration Has Become the New Welfare America’s criminal-justice system has, in its failures, given way to policy that works against a disproportionate number of African Americans. Alex Brandon / AP .When Ta-Nehisi Coates says that America’s bloated and enormously expensive dependence on imprisonment has created a “social service program … for a whole … More Mass Incarceration (An Interesting Article from The Atlantic)
Prosecutors are severely restricted by their perpetual relationship with the police. They rely on police effort, cooperation, and good will for the quality of their cases. Prosecutors must guarantee cops that they are on the officers’ side. The prosecutor who is excessively requesting of cops, excessively judgmental, as well “by the book” is regularly scorned … More I Cannot Tell A Lie, I Cannot Identify the Suspect
I posted the question below. It’s amazing how these attorneys were unable to give a straightforward answer. ******************************************************************************************************************************************** Can Attempted Robbery with a firearm have robbery with a deadly weapon, robbery with a weapon, robbery as lesser included offense? Here are 3 answers: Online Lawyer #1 Your trial attorney should be able to explain all … More I posted the same question to several free online lawyer sites that answer legal questions. Check out the answers!!I
THE TRIAL COURT VIOLATED PETITONER”S RIGHT AGAINST DOUBLE JEOPARDY BY ADJUDICATING HIM GUILTY AND SENTENCING HIM BOTH FOR AGGRAVATED ASSAULT WITH A FIREAEM AND THE UNDERLYING FELONY OF ATTEMPTED RUBBERY WITH A FIREARM. The jury found Petitioner guilty of attempted robbery with a firearm and aggravated assault with a firearm. At sentencing, Defense counsel argued against an … More ??Count 1-Attempted Robbery with a Firearm & Count 2-Aggravated Assault with a Firearm – Double Jeopardy??
The judge gave the following instructions to the jury: 3.4 WHEN THERE ARE LESSER INCLUDED CRIMES OR ATTEMPTS In considering the evidence, you should consider the possibility that although the evidence may not convince you that the defendant committed the main crimes of which he is accused, there may be evidence that he committed other … More Incorrect Instructions on Verdict Form for Count 1 – Fundamental Error?? Count 2 still in question.
My previous post talked of my son’s defense attorney not cross-examining the deputy during trial. A Facebook Friend gave the following comment, “There are thousands of possible reasons why it might be good trial strategy not to cross examine a witness.” The defense can try to justify not cross-examining the deputy as trial strategy. But … More Trial Strategy, I Don’t Think So
So far my son’s Habeas Corpus is about appellate counsel. Next he delves into ineffectiveness of trial counsel. Please note that by far, my son has not exhausted all the claims of ineffective of appellate counsel What do habeas corpus petitions involve? The petitions are challenges from prisoners primarily convicted of violent offenses and given … More Failure to challenge deputy’s testimony violated his Sixth Amendment right to the effective assistance of counsel.
Caryn E. Johnson, I am calling on you as a social activist and public figure that can help to right a wrong. Caryn Elaine Johnson a.k.a. Whoopi Goldberg, do you remember me? My name is Pamela Lynch, now Ajoloko. My sister’s name was Camille Lynch. Camille attended Holy Cross Catholic High School in New York … More Caryn E. Johnson, a.k.a.Whoopi Goldberg. Do you Remember me? A Terrible Injustice Has Been Done.
Well, this is my son’s first attempt at his Habeas Corpus(with a little help from mom) IN THE SUPREME COURT OF FLORIDA CASE NO. ????-???? Charles Ajoloko, Petitioner v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA Respondent. PETITION FOR WRIT OF HABEAS CORPUS No attorney yet These are just layman ideas of my son … More Charles’ Preliminary Toughts on his Habeas Corpus
Good Morning Friends, It has been a while since I last posted on social media. I have been a little under the weather with a cough and cold. Additionally, I have been very depressed. On top of it all, I have worked 9 days in a roll, 12 and 14 hour shifts without a day off. A lot of hours; … More Back From My Hiatus. It’s Not Over Yet
In a previous post, I spoke of an impending, uplifting possibility that something positive may be happening for my son. As yet, I still have not gotten the final word on this positive news. It is so difficult to make my son understand that patience can ne a virtue. He is miserable and wants to … More Exercising Patience as a Virtue
Judge Jenifer M. Davis was the presiding judge at my son, Charles Ajoloko trial. Would things have gone differently, if she knew really what was going on? It is Deacon’s Fran Viselli of Holy Spirit Catholic Church and Charles’ belief that Judge Davis was cajoled by the prosecutor and defense attorneys. They believe that she is a … More Judge Jenifer M. Davis Presided Over My Son’s Case.
Dear Twitter, Facebook, Word press, Instagram, Vine, Tumblr, Pinterest and all my ever increasing Social Media Friends and Fans, For the past few months. I have been blessed to be in communication with Jeffrey Deskovic. Deskovic was sentenced to 16 years in prison for the 1989 rape and murder of his Peekskill High School classmate, a crime he … More Jeffrey Deskovic Finds Time to Help My Son
Originally posted on justiceformyson2:
https://www.youtube.com/watch?v=WzwuBdty_rA#t=22%5B/embed%5DWe only want someone to look at the documents in our possession which includes police reports, trial transcript, initial brief, answer brief, depositions,911 call, etc. Once a capable and legal mind reviews the documents, it will be evident that egregious misconduct took place. Then we would like the President to grant clemency…
Hi Jenna, My name is Sadie Murph and I am writing on behalf of my grandson, Charles. Jenna, my grandson graduated A/B honor roll from a Catholic School. He was 3 classes away from a Bachelor’s Degree when he was convicted of attempted robbery with a firearm. Jenna, he did not commit this crime against you. … More Jenna – Please Let Your Conscience Be Your Guide -A Grandma’s Plea
The more money a defendant has, the better the chances of having a dream team defense. Shamefully, $10 or 15 thousand dollars to an attorney is not considered a lot of money. This is why my son and I are thinking of going pro se. What is pro se representation? Pro se representation is when the … More No Money No Justice – Should We Go Pro se?
My son is still in prison and thus far, I haven’t done anything extra to aid his release. I am in one of the most difficult conundrums of my life I’ve talked with Charles and we opted to take a slower approach(not too slow) and look at all avenues before leaping forward. Charles also wants me … More When in doubt, take no action…
February 25, 2008 What Are the Origins of “Reasonable Doubt”?—A Commentary by James Q. Whitman ’88 The following commentary was posted on History News Network on February 25, 2008. What Are the Origins of “Reasonable Doubt”? By James Q. Whitman ’88 Mr. Whitman is Ford Foundation Professor at Yale Law School, where he teaches criminal … More What Are the Origins of “Reasonable Doubt”?—A Commentary by James Q. Whitman ’88
Dearest Friends, I had been posting bits and pieces of court documents, depositions, trial transcript, and omitting the names of the prosecutor, criminal defense attorney, victim, etc. As the everything is now public records, I am posting without any omissions. The following is taken directly from the trial transcript. It is the questions and answers given to the … More Beyond A Reasonable Doubt.
https://www.youtube.com/watch?v=WzwuBdty_rA#t=22%5B/embed%5DWe only want someone to look at the documents in our possession which includes police reports, trial transcript, initial brief, answer brief, depositions,911 call, etc. Once a capable and legal mind reviews the documents, it will be evident that egregious misconduct took place. Then we would like the President to grant clemency and a pardon. Charles … More An 86 Year Old Grandmother’s’s Plea to President Obama.
I have always been a firm believer in the American Justice System. I was taught that America has the best legal system in the world. My belief in our American Justice System has been shattered. When I go over all of the documents from my son’s case, a nauseated feeling hits the pit of my stomach. When … More It’s Sad to Think That America Is Losing Its Distinction As The Best Legal System in the World
Please note that there are exceptions to the rule. We gave our attorneys, half of their required fees and then made payment arrangements. I have learned that payment arrangements is just another way of saying “layaway plan”. Merriam-Webster describes layaway as, ‘a way of buying something in which you do not receive the thing you are buying … More Innocent Until Proven Broke
Man Exonerated After 20 Years, Man Exonerated After 40 years. Why did it take so long for their convictions to be overturned? Everyone would agree that a person that has spent such an exorbitant amount of time in prison for a crime that they did not commit is an horrendous miscarriage of justice. Imprisonment of … More Let’s also help the wrongly convicted that have been imprisoned less than 10 years, less than 5 years, one year. They also deserve a chance to be exonerated.
The United States Criminal Justice System is supposed to be the best in the world. We are suppose to be the land of the free and the home of the brave. We have lost that distinction. Now our justice systems is ran by prosecutors. Prosecutors are now, judge and jury. Once a prosecutor decide that a person is … More Prosecutors-The New Firing Squad- No Jurors Needed
Mandatory Minimums puts all of the power in the prosecutor’s hands. Prosecutors have leverage to force a plea from the accused, (even if the accused is innocent). They use scare tactics to convince the accused to take the plea. Unfortunately, the criminal defense attorneys also want their client to take a plea (less work for … More Sentence Disparity – What’s wrong with this picture? Mandatory Minimum Sentences
When I think of police brutality, I think of the unnecessary, excessive physical force the police use on civilians. This excessive force sometimes adds up to the unnecessary taking of human life. When I think of police corruption, I think of policemen taking kickbacks from organized crime. I think of the shaking down of drug dealers and prostitutes of their money and drugs. I think … More Police Brutality Without Lifting A Hand
Yesterday, I was talking with my son and he once again used the term “Attorney Politics. I asked him what made him think of the term “Attorney Politics”. He said that I had once warned him about office politics, and he thought how similar attorney politics and office politics were. He feels that his attorneys … More Attorney Politics VS. Office Politics VS. the Good Ol Boy’s Club
Hello Friends, Please forgive me. I know a lot of these issues has been in previous posts; however, I was asked to bullet point everything, to the best of my ability as to what I think should have been included in the appeal. I hope that this is understandable and what I am being asked … More Bullet Points On what Charles Ajoloko Felt Should have Been Added to the Appeal
The following are the argument that my son’s appeal attorney, Bill Ponall used for the appeal. While they are good arguments, the problem is that the trial attorney did not object to practically any misconduct done by the prosecutor during closing argument. In fact, he only objected a few times during the trial if that … More Fundamental Error on Direct Appeal
The following is the appeal docket. Please note that at some time, the court requested Bill Ponall to Show Cause Lack of Prosecution, Initial Brief. Show Cause Lack of Prosecution, Initial Brief means that the appeal attorney had put in a notice to continue so many times, that the court was threatening to dismiss the … More Florida Fifth Court of Appeals – Charles Ajoloko’s Docket
Bill Ponall was my son’s appeal attorney. We started communicating immediately after my son was convicted on 11/20/2013. Bill was referred to me by an attorney, Warren Lindsey. Warren was the 2nd attorney that was previously on my son’s case. However, Warren withdrew from my son’s case due to a conflict of interest. I have always wondered about that. Warren … More Our Appeal Attorney and the Monies Paid
https://nationalcdp.org/ After many months of blogging, in attempt to get my son’s story out, my blog has caught the attention of the National Center For Due Process. I am honored that my son’s plight has piqued their interest. They have explained that they need a few more details and have made suggestions as to what … More The NCDP is looking at Charles Ajoloko’s Case.
When we first hired Gary Schwartz, he was working for the Umansky Firm. He promised to zealously represent my son. He promised to investigate the allegations. He did not. The week after my son’s conviction, Gary Schwartz was no longer employed by the Umansky firm. I could not reach him and he did not return … More Gary Schwartz-Orlando Fl. Attorney – What happened???
Gary Schwartz was my son’s trial attorney. Gary Schwartz, I am calling you out. Gary Schwartz, how does it feel to know that your representation of my son has cost him 12 years of his young life? Gary Schwartz, didn’t you know that your responsibility as my son’s attorney was to do everything within the law … More And the Name of Charles Ajoloko’s Trial Attorney is………….Gary Schwartz
There are so many letters that went to the judge on behalf of Charles; however, this will be the last one that I post as they all have the same theme. In fact, this is also the letter that I read at sentencing. I realize that It is time to follow the advice of Kenneth Abraham, … More A Dear Letter from a Police Officer in Support of Charles Ajoloko. It brought a silence to the courtroom.
I know that my son is innocent of the attempted robbery charges; however, if he was not, how does a system sentence a young man with no prior criminal history to a mandatory 12 years imprisonment. Where is the rehabilitation in that? What will he learn during this imprisonment? Who is benefitting from this imprisonment? … More Who is Charles Ajoloko? ………..Letter From Deacon of H.S. Catholic Church
Throughout this case and at trial, at no time did our attorney mention Charles’ attributes. I do not think that the jurors even knew he was a graduate. Either he was inept or in cahoots with the prosecutor. This wasn’t a high class crime. Why zealously represent the defendant who paying cash? The defense needs … More Another Letter in Support of Charles Ajoloko
My son is 3 classes from a Bachelor’s Degree and a Devout Catholic. Please do not allow my son to continue to waste his life in prison for a crime that he did not commit. … More 05/06/2015 Order Deny Rehearing – Where Do I Go from Here – Please Help My Son
The worst thing about bad lawyering is that you do not realize that you have a bad lawyer until it is too late. There is always talk about public defenders being bad lawyers because of the excessive amount of cases that they have. They do not have enough time to dedicate to one case for … More Bad lawyering – It’s too late.