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Florida Death Row Advocacy Group
Working to Maintain and Improve Living Conditions for Death Row in Florida
5 years
5 years
Kindly submitted by Floyd Damren
FDRAG NEWSLETTER
Special Anniversary Edition
PUBLISHED MONTHLY BY FDRAG
VOLUME –III- MARCH 2005
(Personal opinions of our Guest writers do not necessarily reflect the opinions of FDRAG or its members)
Greetings
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Last month Miss Hannah's dog gave birth to many, many puppies. Ever since then I've been preoccupied with the grave and gathering danger all around me. However, I shall take a short break from contemplating Psalm 23, and wish everyone a Happy Anniversary
R.Udeasheck
Congratulations FDRAG!
For 5 Years you have been able to provide support and advice to all your members and families with loved ones who are incarcerated. I wish each and every one of you from the bottom of my heart continuing success and that you will be able to go from strength to strength for many more years to come!
I am constantly amazed at what this group achieves every day of every year. It is a real pleasure being a member of FDRAG and all its friendly, kind and truly fantastic Gals 'n' Guys!
With hugs to all of you out there - Xenia xxx
Created by John freeman
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Welcoming the Spring
First of all greetings to Kevin, Michael, Mike and Shagee! Spring is just around the corner and I know that you are looking forward to sipping a cool drink sitting by a whirling fan. May fortune and legal success shine upon you and everyone at FSP and UCI.
Best wishes, Karin and Grayson
For John
I love you son!
Thank you to all the members of FDRAG for their love and support, please pray for Johns appeal.
Xoxoxo Debra
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Legal Commentary
By Marc Asay/ Catfish
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Dear Fdrag friends,
Greetings, I’m writing concerning the very serious matter that affects all Florida Death row prisoners; Federal time limitations as prescribed by the anti terrorism and effective death penalty act of April 24 1996.(A.E.D.P.A 1996). Recently I learned that court appointed counsel allowed my federal time limitations to expire, and for lack of knowledge I may now be up the creek without a paddle, since having this happen and after examining the issue I would like to forewarn others and provide a way for them to preserve their privilege to federal review of their state convictions and sentences. This of course involves the timely filling of a pro se action. I do not advocate anyone filing a premature petition to the court. However if it appears that court appointed counsel is not talking timely action then the responsibility is on the prisoner to take action because the Federal time limitations as prescribed by the A.E.D.P.A are written in stone and there are almost no circumstances including and especially ineffective assistance of counsel claims that enable the respective Federal Courts to forgive anyone that misses this filing dead line.
The only preventive solution is to file pro se, but again, only in the event it becomes obvious that court appointed counsel is unduly procrastinating, for example if counsel has not notified of a tentative filing date within 30 days or less of the deadline. Then one should take matters into their own hands; to do so does not require the skills and perfection expected from a trained lawyer; rather the pro se litigant need only address the respective federal court in letter form. There are three Federal district Courts in Florida, Northern, Middle and Southern. Anyone under sentence of death in Florida must file in one of the three.
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The A.E.D.P.A provides a one year or 365 day time limitations to anyone seeking federal review of their state convictions and sentences. There are two categories of individuals affected. Those whose conviction became final AFTER April 1996 whose federal time limitation begins/began to run upon denial of Certiorari or their direct appeal, by the United States Supreme Court.
If Cert. was filed; Or until the time to file Cert. has expired. The second category, those whose convictions became final PRIOR to April 24 1996 whose federal time limitations began to run up upon the denial of their post conviction rule, 3.850, 3.851 motions to vacate judgments and sentences. And this time runs unless or until another properly files motion is filed in state or federal court.
If anyone does not understand this process ask someone for help because your life may depend on whether or not you take the appropriate actions outlined in this piece.
Also there is presently a United States Supreme Court case entitled: Carey vs.Saffold.
This particular case is raising questions about how to calculate the federal time limitations i.e. when the Federal time limitations begin to run. However, it is not currently being applied to Florida cases. So do not place false hope in this case until it is officially applied to Florida cases.
Ok. Folks, I am not a lawyer and do not guarantee results but this is only advise based on what I’ve learned through my personal experience. It is no simple matter and I hope you all can avoid same bad fortune.
Take care
Catfish. Marc Asay
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Pro Se Example
To: the United States District court: Northern, Middle, southern district of Florida.
RE. To preserve Federal Review of State Convictions and Sentences.
Dear Clerk of Court:
Comes now print full name, a Florida death row inmate and states that court appointed counsel has failed to undertake timely action to seek Federal Review in my case by filing a 28 U.S.C. Rule 2254 Petition For writ of Habeas Corpus on my behalf.
Therefore last name prays this honorable court take Judicial notice and accept and consider this pro se’ action. Last name seeks federal review of his/her state convictions and sentences and hereby incorporates all claims previously raised in any appeal properly filed in any State Court of Florida on Last name behalf, including but not limited to the following claims:
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1.
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3.
4.
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Referring to your state appeal briefs insert in numerical order all claims that have been previously raised in your Direct Appeal; your rule 3.850 or 3.851 motion and your state habeas corpus petition. Simply insert them word for word as they exist in each respective brief. You do not have to include the entire document; just the heading of each claim because you are asking for the right to amend this action.
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Further last name prays this honorable court appoint counsel to represent him/her in this action. And grant a reasonable amount of time to amend this action. Last name dos hereby affirm under penalty of Perjury that the forgoing is true and correct.
Respectfully submitted this _______ day of _________ 2005
Sign full name
Print full name
Address
Copy of this can be requested at FDRAG’s address ready to be filled out
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News from the inside
5 years!…who would have thought…. Even with people coming and going we still have the core of members from five years back. A big Thanks to every one who is still hanging in there and the new ones jumping on board.– And thanks to Miss Julia for getting the idea in the first place!. Now. Some have asked about Aramark and renewing of their contract. I have from very reliable source that the DOC are these days not only negotiating with Aramark but another company as well.. The result should be there within a few weeks. Aramarks present contract is good for another 3-4 months.
We have asked Dale Recinella if he could possibly donate a few copies of his latest book about Christianity/the bible and the death penalty as some of you asked for it, and he has informed us that he will circulate 4 books on the wings – we thank him for that nice gesture and hope you all get a chance to read it. (See the review further on page 17).
For those of you who are writing to Chris I can inform you that he is enjoying your correspondence? You might recall he was quit
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busy as he got married recently, and he might get busy again in a few months, as he and his lovely wife are now expecting a baby. Congratulations Chris….
Nobody knows what has happened to the Prison Legal Perspective and why it stopped coming. We will inform you as soon as we hear anything. Some are wondering about Henry Davis. All we can say is that the last newsletter we sent to him in the summer of 2004 was returned with the stamp: “released” and we received a letter from him in August mailed from an open institution. So the only thing we know for sure is that he is no longer in the care of the DOC and no longer under the sentence of death... Dianne is on her way to Florida as I write so no rant this month but a greeting on the way out the door.
"Congratulations to FDRAG for five wonderful years!" Dianne,
In closing let me encourage you all to read Rude’s opening and the next four pages... We know it is a touchy issue but also worth further debate, and who are better to comment on it than you? Which reminds me, the recipes are coming in as are the books reviews. Please continue to send both, or anything else you wish to share. The newsletter is yours…..oops...I am out of space….
God Bless……….. Hannah,
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Hello everyone
Hannah has asked me to write a few words about the beginning of FDRAG now that it's coming up to its 5th birthday.
First off Happy Birthday FDRAG and they all said you wouldn't last. At five years old you should be walking and running and going places which you are, and of course eating solid food. It might not be solid nor completely cooked; Aramark does not have 'cooked' in the contract. All jokes aside this group was started by myself and two concerned parents for the sole purpose of maintaining and improving conditions on Florida's DR and with Hannah at the helm it has certainly surpassed any expectations I ever had.
There was a time when our contact visits were under threat and we fought hard not to lose them, and you guys supported us by going on a hunger strike and then the DOC took away hobby craft
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and photos and pens and anything else they could do to make DR more difficult then it already is. Well the tide has turned and all those things have been returned and I am very proud of what FDRAG has been able to achieve.
On a personal level it has been a growing experience for me because you never really appreciate the simple things in life until you realize that the person you love is unable to enjoy them. Situations that seemed aggravating or trying are now a breeze, if you can live through the experience of being a DR wife all other things seem to fade into insignificance.
I have met many of you and gotten to know you and the struggles that you go through. I hope that the knowledge that there are people out here that care gives you some comfort.
I wish FDRAG a happy birthday, hope and pray that there are many birthdays ahead with celebrations of improvements to every day life on DR.
All the best……… Julia
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