#post-conviction

[kendrajowers-blog]

3.850 in Florida - The Jurisprudential Brass Ring

3.850 in Florida – The Jurisprudential Brass Ring

It probably wouldn’t be much of an exaggeration to say that one of the most elusive legal “wins” in Florida is getting a successful outcome on a Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief. A 3.850 is basically the last ditch chance to get relief from a conviction and sentence (except perhaps habeas, but that’s another website). By the time you’re trying a 3.850, all…

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[thejusticeforall]

A Mother's Day Card from Charles Ajoloko 😭😭😭

A Mother’s Day Card from Charles Ajoloko 😭😭😭

  I am praying that justice will be done. This is America and we are supposed to be held to higher standards. Let my son be with me for my next Mother’s Day.  

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[homolegalus-blog]

An Explanation of Post Conviction Relief

The legal system within the United States is not perfect, which is why post-conviction relief options have been made available to criminals. People who have been wrongfully convicted of a crime can take advantage of these relief options to obtain a new trial. For those people who believe they were not wrongfully convicted, but simply made a mistake and were convicted of a crime, post-conviction relief also comes in the form of record expungement; this allows an offender to have his or her record cleared after a certain amount of time has passed once a sentence has been imposed; expungement only stays effective if the person remains out of trouble with the law. For the most part, post conviction relief is made available to those people who want to appeal their conviction(s). In order to obtain relief options, an offender will have to obtain the services of an experienced lawyer who will then petition for the relief options that the offender wants to take advantage of. After filing a petition, it is ultimately up to a judge as to whether or not the person is granted relief. The state in which a conviction received is the same state in which the post conviction relief petition must be filed. There are many reasons as to why a convicted person can ask for post-conviction relief. For starters, the reversal of a conviction is available to those who can prove they were wrongfully convicted. Post conviction relief can also come in the form of having a sentence modified; this form of relief is most advantageous to those people who believe they were rightfully convicted but received too harsh of a sentence. The main advantage associated with post-conviction relief is that it can be used to officially remove a conviction from a person's record. In the instance that the person is serving time for the offense, once post-conviction relief has been obtained and approved by a judge, the person will be immediately released from prison. Also, if there were any fines that the person had to pay, the fees will be refunded. By having a conviction reversed or removed from a person's record, he or she will be more likely to obtain employment as well as keep a number of professional licenses if she or he had any.

[homolegalus-blog]

Student want Guilty Plea Removed

A 22 year old, Pengei Sun, has asked a judge to remove his guilty plea to avoid deportation after being charged with possession of drug paraphernalia. Sun is a U.S. citizen who immigrated here in 2007 as the child of a U.S. citizen, and is a student at the College of Liberal Arts and Sciences.

In 2009, Sun entered in a guilty plea but was never told of the implications that this might have on his immigration status. The magistrate who sentenced him also failed to inform him of the legal implications of a guilty plea.

He was fined $100 and in 2010 proceedings were begun by Immigration and Customs Enforcement for his removal from the country due to his conviction.

Sun has since applied for post-conviction relief. 

He says that his rights were violated and that he was denied counsel. Sun had requested an attorney on two occasions but was denied both times by two different magistrates because he was not facing any jail time. 

He is currently looking to have his guilty plea removed.

[homolegalus-blog]

Stacey Castor - Appeals Delay Post Conviction Hearing

The families of Stacey Castor's two deceased husbands, once again, went to court as she made a brief appearance.

It seems the state Supreme Court Appellate Division in Rochester have ruled that they should hold a hearing to see if Castor had legal representation during her questioning in September 2007.

If you remember the story from back in 2007, Stacey Castor was accused of killing her first and second husband and as well as the attempted murder of her daughter - in a last ditch effort to frame her for the other murders.

She is currently serving a sentence of up to life in prison for two of these charges, as she was never charged for the murder of her first husband.

The defense claims that Castor had legal representation during questioning from her lawyer Norman Chirco. However, the prosecution refutes this, stating that he was only her lawyer for a dispute over her 2nd husband's will and not on any criminal investigations.

District Attorney William Fitzpatrick is seeking to have the Court of Appeals in Albany review the lower appellate court-ordered post-conviction hearing.

Judge Joseph Fahey has adjourned the case until January 15. The lawyers will then report back to show where their appeals stand.

[silentwitnesses]