The Constitution now provides that the Legislature shall divide the State into appellate court districts and that there shall be a district court of appeal (DCA) serving each district. The purpose of Florida’s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts … More CHARLES AJOLOKO vs. STATE OF FLORIDA – Case Docket: 5D16-***
Charles Ajoloko’s allegations in his Habeas Corpus are sufficient for a belated appeal, new trial or dismissal. Charles Ajoloko file a timely motion for a new trial. Charles Ajoloko’s motion for a new trial was denied without an evidentiary hearing. Charles Ajoloko filed a timely direct appeal. His direct appeal was denied. Appellate Counsel neglected … More The Constitutional Right to Effective Assistance of Trial and Appellate Counsel
On June 12, 2016, a gunman killed 49 people and injured 53 others inside Pulse, a gay nightclub in Orlando, Florida, United States. He was killed by Orlando police after a three-hour standoff. It was the deadliest mass shooting by a single gunman in the U.S., and the deadliest incident of violence against LGBT people … More MASS MURDERS VS. MASS INCARCERATION
Sent: Friday, February 19, 2016 2:46 PM (FROM ME) Dear Mr. xxx, I know that you are no longer Charles’ attorney however, I do have a few items to discuss with you. Deacon Fran Viselli thought that I should let you know what was going on in our minds. I hope that you do not mind. Bill, this … More Must Read – Email Correspondence with Appellate Attorney- What Would You Do??
I felt the need to post this comment. It is my humble opinion that anonymous is either the detective or the attorney. Her one sentence comment brought up the dog which was not in the pinned post that she commented on. Also, she said that Charles “brought” in the “bandana”. Also, not in pinned post; … More An Anonymous Comment or Is It Someone Connected to the Case?
The Pro Se Petition For Writ of Habeas Corpus filed by Charles Ajoloko has been Granted. Charles and I are very grateful at this first bout of good news. It is truly unbelievable. There is still a long road to go. The state has 20 days to respond to the petition. Then we have 10 … More Petition For Writ of Habeas Corpus Granted
Appellate Counsel was ineffective on direct appeal for raising the questions asked by jurors during deliberation without putting in a claim or argument; for failing to raise that the trial court or trial attorney erred in not requesting a mistrial due to the abundance of questions. *Appellate counsel also failed to argue that the trial … More During Deliberation???
Appellate attorney was ineffective for not requesting a Richardson or evidentiary hearing when the victim went from inability to identify the suspect 0% to 100% ability to identify the petitioner two and a half years later at trial. In the interim, appellate attorney was ineffective for failing to argue that trial counsel was ineffective for … More On the Face of the Record
Appellate counsel was ineffective for failing to raise that element (2a) of the attempted robbery with a firearm instruction was omitted from the jury instructions constituting fundamental error. The jury instruction in this case resulted in fundamental error because it omitted (2a), the requirement that the jurors find someone stopped or did not stop the … More Missing Element from Jury Instructions
Appellate Attorney was ineffective for not raising the fundamentally flawed verdict forms on direct appeal. On the Verdict Form-(TR -210) for Count 1, the verdict form gave the jury the choice of finding the petitioner guilty of attempted robbery with a firearm, yet the lesser included offenses were robbery with a deadly weapon, robbery with … More Fundamentally Flawed Verdict Form
IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT STATE OF FLORIDA CHARLES AJOLOKO Petitioner, Pro Se VS. DCA Case No: 5D14-368 L.T. Case No: 2011-CF-8401-A-O STATE OF FLORIDA Respondent MOTION FOR RELIEF PURSUANT TO RULE 9.141(d) OF THE FLORIDA RULES OF APPELLATE PROCEDURE, OR IN THE ALTERNATIVE PETITION FOR A … More First Page of Charles’ Petiton
Help. Are these too many grounds and which ones are not worth pursuing? Charles thinks that we will lose our credibility with so many grounds, even if all if them are true. Some say to leave them all in I just do not know. GROUND 1 Appellate Attorney was ineffective for not raising the flawed … More 15 Grounds on 9.141 – Too Many???
Today is my son’s birthday. I cannot believe that he is 25 years old today. When I think of him spending his birthday in prison, I become sick and nauseated. The injustice of it all. Sleep, not forthcoming for me tonight I guess I will be up for quite a long time. I have to … More Charles Ajoloko is 25 years old today
Appellate Counsel was ineffective for failing to raise that the original charges which was attempted robbery with a firearm and mask was amended to attempted robbery with a firearm(removing the mask portion) to allow the victim to say that she could identify her assailant. Petitioner was charged with attempted robbery with a firearm and mask. … More Original Charges Were Amended
Charles Habeas Corpus has not been submitted. It is completed; however, Charles is hesitant in turning it in. He wants to make sure that it is procedurally correct. He goes to his prison law library as much as he can. He talks with the detainees that are suppose to have a little knowledge of the … More One Shot at the Habeas Corpus(9.141)
CLAIM II Appellate counsel fail to raise on appeal ,that a Brady violation had been committed and that the police detective lied on her sworn deposition; additionally, trial counsel was ineffective for not cross examining the detective about her phone results. If the jurors knew of these results, there is a high probability that the … More Failing to Read Readily Available Documents
We Heard from the Innocence Project. They said that they have not come to a decision yet. They are still deliberating on taking Charles’ case. I guess that’s better than no. They must believe that his case has some merit. They want Charles to send a copy of his pro se Petition for Writ of … More We Heard from the Innocence Project
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”
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.
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
Out of respect for the victim, I fast-forwarded when her name and address was mentioned. I will not continue to always be so nice. No one has done the right or ethical thing for my son. The 911 call was never played at trial.
There isn’t any excuse for our attorney to not cross-examine the police officer Incident Report ORANGE COUNTY SHERIFF’S OFFICE 1-31957 The Victim described the unknown suspect as an average built black male, approximately 5’11”, wearing a dark colored hooded sweatshirt and blue jeans and a blue and white bandana covering his face leaving only his … More The Original Police Incident Report tells the truth
Someone emailed me and asked me to post one of dialogues I had commented on in the previous post. They thought that it looked quite absurd. It is absurd. Well, here it is. It is obvious that the detective coached. It is also apparent that she is not good at lying. She gave two statements. Why? … More Victim wrote two statements. Why???
Things that make you go mmmmmmmmmmmmmm It is obvious that the attorney was working and sharing information with the prosecutor. The attorney was sharing our strategy. One of the depositions in the appeal on record is my copy because it has my notes on it. To assist my son’s attorney, so that they could start right … More Why would my notes be in the appeal on record-official trial transcript?????
After my son was convicted, his trial attorney didn’t even ask if Charles could stay home until sentencing. He had been home on bond for almost 3 years but he did not think it necessary to ask the judge if he could remain on bond. After the conviction, I was unable to reach the trial attorney a … More Trial Attorney recommends the appeal firm he went to work for. He really did. Shyster.
Man Exonerated After spending 25 years in jail. Man exonerated after spending 20 years in jail. Woman exonerated after spending 22 years in jail. Please do not let my son spend 10 years in prison before realizing that a mistake was made My son a very talented young man. This is a young man who … More Does my son have to spend 10 years in jail before he is exonerated? Lets break the trend.
The past few days have been very hard for me. I have been dreaming every night about my son. I and trying to understand why this is happening. However, what I are really try to understand is why did our attorney deliberately sabotaged my son’s case. I paid him his required fees. We followed his … More Why Why Why, Oh Lord Why
Need I say more…
Dear J.S. I am very sorry for the ordeal that happened to you in April 2011. A robbery attempt is a very scary thing. I am glad that you were not harmed. I am writing you to beg you to allow your conscience to be your kind. A young man’s life is at risk. My … More A message to the victim – Please do the right thing
My son’s case should have never gotten this far. It should have been concluded with the first attorney. She never looked at the incident report or anything. She just wanted the money. She and the prosecutor wanted my son to take a 13 year plea.Why would he take 13 year plea when he didn’t do … More A thought
The prosecutor and police detective worked together. They withheld key evidence that could have helped my son. How can they live with themselves? They outright lied to the judge and jury and got away with it. One of the evidence withheld was the fact that my son’s phone was not used in the area during … More The prosecutor and police detective worked together – See Deposition
Dear Friends, I know that it has been almost 2 weeks since my last post. I promise that from now on, I will post a least every other day. Lord know, I have a lot to talk about. I have been working many hours, approximately 12 hours a day. I run a … More Orlandos Money-Hungry Attorneys disable my Humble Home
Let’s the talk about the trial attorney. We already established that the trial attorney was an imbecile. He buddied up to the prosecutor. He did not present discovery evidence at trial. He did not object to anything at trial. Therefore, he did not preserve any issues for appeal. This is from an attorney whose specialty … More The attorney received a bad review and it wasn’t from me.
I find this article to be so interesting that I had to link it my post. Please read my response to Bad Lawyering. Thanks https://wronglyconvictedgroup.wordpress.com/2014/09/01/bad-lawyering/ When I read this article, I understood perfectly the concept of bad lawyering. The worst thing about bad lawyering is that you do not realize that you have a bad … More Bad Lawyering
Initial Brief excerpts As I previously mentioned, my son’s case is on appeal. The oral argument will be done on 3/17/2015. The appeal attorney feel that we have good arguments. I hope that he is right. It appears that only certain things can be raised on appeal. You would think that the police detective lying … More Initial Brief Excerpts – Prosecutor’s misconduct is evident
Please like this Facebook page. https://www.facebook.com/pages/Charles-Ajoloko-is-Innocent/280617372062652
My son was a decent human being. Was he perfect? No, he wasn’t; however, until this case, he did not have a criminal record. Aside from the fact that he did not commit this attempted robbery, how do you give 12 years to a 23 years old, young man who had never been in trouble? … More This is a letter is from a former teaher..
I am now going to post some letters written from the community in support of my son.These letters were given to the judge at sentencing. I will never understand why the defense did not call character witnesses. Oh yeah, I know. The defense was working with the prosecution.I have xxx’d out the name of the … More Letter from a policeman in support of Charles
My son and I truly believe that the judge did not know the travesties that took place since the onset of this case. We have to believe that or all hope is gone with our judicial system. I cannot believe that the judge knew that the witness had dramatically changed her story from a victim … More Did the Judge know what was going on???
Does the Florida Statutes prohibit a bail bond agent from referring customers to attorneys? Yes. Subsection §648.44(1)(a), Florida Statutes, states bail bond agents and temporary bail bond agents are prohibited from suggesting or advising the use of any particular attorney to represent his or her principal. Any bail bond agent violating this prohibition is subject … More Does the Florida Statutes prohibit a bail bond agent from referring customers to attorneys?
This case involves: A Richardson Violation – Nondisclosure of the fact that a witness changes testimony constitutes a discovery violation requiring a Richardson hearing, the Florida Supreme Court said. The victim changed her testimony from not being able to identify the suspect to identifying the suspect almost 3 years later at 100%. Yet the suspect … More Overview of the case including prosecutor misconduct, ineffective counsel, jurors questions and appeal arguments
If our attorney had played the 911 call, my son would have been acquitted. On her 911 call, the victim said that the assailant’s face was covered with a bandana and wore a hoodie. Her written report says that she could only see the eyes. She said that the assailant was left-handed The police officer at the scene … More Here is the 911 call
I am going to make sure that I can legally post the victim’s 911 call. The call that our attorney did not play for the jurors. I bet that if the 911 call had benefitted the state, they would have played it for the jurors. I do not even think our attorneys listened to the … More The 911 call to be posted next
Here are the emails. I am still xxxing out names but not for much longer. No one believed me that I talked directly with the prosecutor _____________________________________________________________________________________________________ URGENT — Thu, Apr 26, 2012 8:41 am Edit Draft Millicent Daniels to you + 1 moreshow details From Millicent xxxxx MxxxxxxsEsq@aol.com To ‘Pam Axxxxx’ firstname.lastname@example.org ‘Charles … More Emails from the attorney saying the prosecutor wanted to talk with me…..my proof
The attorney said that the prosecutor wanted to talk to me. When she said that the prosecutor wanted to talk with me, I thought that it was good news. I thought that they were going to drop the charges or offer something. I had no idea that the prosecutor was calling me to tell me to … More The unethical attorney arranged for the prosecutor to talk to me by phone. Why, why, why??
Since I have started the blog, I have tried to leave out the names of the key players. I was trying to do what I thought was right. I am tired of doing what is right. My son did the right thing and look where he is. None of the attorneys cared about doing the … More No more Mrs. Nice Gal -The gloves are coming off
We received a text from our attorney that said,”Judge said he seriously needs to take ten years, deputies are saying we’re gonna lose this”. When I saw this text, I became confused. I couldn’t understand why the judge would make that statement. I couldn’t understand why the deputies were talking. Or maybe our attorney and prosecutor … More A text from the attorney during the trial and what it said…..Is this proper conduct???
The victim was shown a photographic array on May 18, 2011, which included Appellant’s photograph, but she did not identify anyone as the would-be robber. (T132-33,161, Vol II). However, she did identify Appellant in a second photographic lineup conducted on June 7, 2011.1 (T133, Vol II). She was 60 percent sure that he was the … More The victim needs to come forward and tell the truth