INTRODUCTION OF THE MISCARRIAGE JUSTICE IN MY CASE
In 1980, I was charged with murder and subsequently convicted of second-degree murder in a plead bargain, my decision to plead guilty wasn’t voluntary but was generated from ill advice by my Public Defender. The attorney refused to properly investigate all facts in the case and such failure deprived me of potential meritorious defense of diminished capacity, there was evidence in the record sufficient to present this defense.
EVIDENCE
There is evidence that I was under the influence of Phencyclidine (PCP) at the time of the incident leading to my arrest. My attorney didn’t call upon medical professionals such as psychologist or psychiatrist to determine my mental state at the time of the incident, and had the attorney done this there would have been a likelihood of success in obtaining a verdict of manslaughter. THE PLEA WASN’T VOLUNTARY AS REQUIRED BY THE U S. SUPREME COURT RULING IN Boykin v. Alabama, 395 U.S. 238 (1969). (a) The attorney and D.A. asked the Court for an order for the Sheriff Dept. to drive me to a State Prison to talk with my older (bro) about accepting the offer of second-degree murder, after this was accomplished I plead guilty solely on the advice of my brother.
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