Order Denying Original Petition – Charles Ajoloko State Habeas Corpus for Ineffective Assistance of Appellate Counsel

It is with sadness and despair that Charles Ajoloko, pro se  9.141, Ineffective Assistance of Appellate Counsel was denied without written opinion. Although, I went through a state of depression and withdrawal from continuing this battle; I am now back in full force. The fight continues. Constitutional Right to Appeal a Criminal Conviction in Florida … More Order Denying Original Petition – Charles Ajoloko State Habeas Corpus for Ineffective Assistance of Appellate Counsel

CHARLES AJOLOKO vs. STATE OF FLORIDA – Case Docket: 5D16-***

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-***

The Constitutional Right to Effective Assistance of Trial and Appellate Counsel

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

It Been Such a LongTime – Since I Last Posted- Update on Charles Ajoloko

It’s Been Such A Long Time Since I Last Posted about My Son’s Case. I know that an update is long overdue. Life has a way of throwing us “Curve Balls” when they are least expected. Personal and work related issues has spiral me into stress anxiety and depression. These issues coupled with fighting for justice … More It Been Such a LongTime – Since I Last Posted- Update on Charles Ajoloko

State Request Extension of Time to Reply to Petiton for Writ of Habeas Corpus-Granted

The State Attorney’s Office had 20 days to serve a reply to Charles’ Pro Se State Petition for Writ of Habeas Corpus. On the 20th day, the state motioned for an extension of time to file response. Appellate Court granted the state attorney 20 days to reply to the petition. State Attorney ordered to reply by 5/9/2016. The … More State Request Extension of Time to Reply to Petiton for Writ of Habeas Corpus-Granted

Constructive Amendment of Charging Document

Appellate Counsel was ineffective for failing to argue that the State constructively amended the information before trial to allow petitioner to be convicted of attempted robbery with a firearm as opposed to attempted robbery with a firearm and mask (the primary charge) in order to allow the tainted identification of the petitioner to be allowed … More Constructive Amendment of Charging Document

Suggestiveness of Two Photo Line-ups and in-Court Identification Procedures

This post includes excerpts from the trial transcript and original police report. Charles Ajoloko petitions for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to present several “arguable” and potentially successful” claims suggested by the record.  These included the suggestiveness of both the photo line-ups and in-court identification procedures and … More Suggestiveness of Two Photo Line-ups and in-Court Identification Procedures

Verdict Forms were Calculated to Confuse or Mislead the Jury.

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.

Motion For A New Trial not Raised on Direct Appeal

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 right to counsel is the right to the effective assistance of counsel”

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”

I Cannot Tell A Lie, I Cannot Identify the Suspect

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

Incorrect Instructions on Verdict Form for Count 1 – Fundamental Error?? Count 2 still in question.

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.

Failure to challenge deputy’s testimony violated his Sixth Amendment right to the effective assistance of counsel.

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, a.k.a.Whoopi Goldberg. Do you Remember me? A Terrible Injustice Has Been Done.

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.

Charles’ Preliminary Toughts on his Habeas Corpus

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

Judge Jenifer M. Davis Presided Over My Son’s Case.

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.

Jenna – Please Let Your Conscience Be Your Guide -A Grandma’s Plea

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

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.

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.

Attorney Politics VS. Office Politics VS. the Good Ol Boy’s Club

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

Bullet Points On what Charles Ajoloko Felt Should have Been Added to the Appeal

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

Our Appeal Attorney and the Monies Paid

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

Gary Schwartz-Orlando Fl. Attorney – What happened???

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???

And the Name of Charles Ajoloko’s Trial Attorney is………….Gary Schwartz

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

The police detecive lied on her sworn deposition. Is that okay??

DEPOSITION OF DETECTIVE DATE TAKEN:                  APRIL 2, 2012 TIME:                        3:10 P.M. Q is the defense attorney. A is the Detective Q    You also acquired the phone records of Mr. Ajoloko. Can you walk us through how you did  that or the process? A    I believe I used a subpoena for that.  And, um — no, I got an order, a … More The police detecive lied on her sworn deposition. Is that okay??

The Unethical, Inept, Ineffective Lawyer.

The defense lawyer is suppose to present all evidence that rebuts the prosecutor’s arguments. He is suppose to challenges all questionable assertions of facts by the prosecutor to ensure that the high burden of proof is met. He is suppose to challenge procedural errors and seek to have charges dismissed because of unreliable evidence or testimony. He … More The Unethical, Inept, Ineffective Lawyer.

Lets Not Forget to Blame the Defense Attorney for Prosecutorial Misconduct

What’s the attorney doing when a prosecutor commits misconduct? Should he just sit there and do nothing? I think not! Prosecutor misconduct occurs when in the course of their duties they act in ways that are unethical and illegal. Withholding evidence, witness tampering, introduction of false evidence and improper closing arguments are just a few … More Lets Not Forget to Blame the Defense Attorney for Prosecutorial Misconduct

Some prosecutors have no conscience. Some commit Suborned Perjury. Ours did.

When prosecutors knowingly withhold exculpatory evidence favorable to the defense, they are committing a crime. They are now no better than a criminal themselves. The only difference between unethical prosecutors and convicts is that the prosecutor is seldom held accountable for their actions. How can they live with themselves? How can they sleep at night … More Some prosecutors have no conscience. Some commit Suborned Perjury. Ours did.

Discovery Violation – Defense Attorney G. Schwartz Should have Requested an Evidentiary Hearing but He Didn’t

This is one of the things that makes me crazy. Why would an attorney deliberately mismanage a case? The purpose of discovery in criminal cases is’ “to avail the defense of evidence known to the state so that convictions {will} not be obtained by the suppression of evidence favorable to the defendant, or by surprise … More Discovery Violation – Defense Attorney G. Schwartz Should have Requested an Evidentiary Hearing but He Didn’t

The attorney received a bad review and it wasn’t from me.

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.