Must Read – Email Correspondence with Appellate Attorney- What Would You Do??

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??

Missing Element from Jury Instructions

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

Let’s Really Confuse the Jurors-Appellate Counsel Ineffective for Failing to Challenge the Omitted Instruction in The Attempted Robbery Jury Instructions

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

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.

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.