Post-Conviction Cases:

  • At 16, you were convicted  of shooting at a drug dealer threatening your older sister in a crowded parking lot with 200 people  in an outside parking lot at closing time for an Elks Club at 2 a.m. The police said you missed and instead  allegedly killed  a mother of 5 . 
  • You were found guilty and sentenced to.....
  • Now, you are 41 and  over the years you have have filed multiple post-conviction filings, sometimes with an attorney but mostly prose.that claim you had incompetent counsel or other missteps in your case. Judges turned down. After time passes, you lose the right in Florida to blame previous counsel.
  • That murder happened in 1992 and the gun was never found . But bullets in the victim were found. DNA evidence, at that time, exposing who loaded the gun was considered "junk science" in court rooms. Of course, a good prosecutor would argue the one who loaded the gun didn't necessarily shoot the fatal shot. 
  • ButDNA evidence was considered real scinece in 1993 and The Inoocence Project  the bullets are new physical evidence in an age of accepted DNA testing. Testing could open the door to new hearngs if a judge allows them. 
  • If the case is reopened., is there other new evidence from witnesses or other sources that can be used?

Case Facts First

Post-conviction cases, and particularly old ones of 10-20 years are REALLY HARD. Crime scenes like buildings may ahve been demolished. Witnesses might be dead or serving time for felonies that might make their credibility doubtful on the stand. 

You need new physical evidence and wintesses

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