MELVIN RAY'S CONVICTION WAS SECURED BY FRAUD THROUGH THE
USE OF RACIAL DISCRIMINATION DURING THE JURY SELECTION
PROCESS,WHICH SHOULD EXCUSE ANY PERCEIVED PROCEDURAL
DEFAULT, Gonzalez v. Crosby, 545
Brown v. Head, 349 F. 3d 1291 (11th Cir. 2002)
PETITONER WAS FURTHER DENIED DUE PROCESS , A FAIR AND IMPARTIAL JURY AND EQUAL PROTECTION OF THE LAW, IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENT, WHENRESPONDENTS USE A PEREMPTORY STRIKE IN A RACIALLY (AND GENDER) DISCRIMINATORY MANNER TO EXCLUDE FEMALE AFRICAN-AMERICAN JUROR MS. VIVIAN JENNINGS JENNINGS RAY WAS DENIED DUE PROCESS OF LAW, IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENT, WHEN TRIAL COUNSEL DENIED RAY OF HIS CONSTITUTIONAL RIGHT TO TESTIFY IN HIS OWN BEHALF. See, Godinex v. Moran, (1993) 509 25 L ed 664, 483 RAY WAS DENIED HIS 14TH AMENDMENT RIGHT TO DUE PROCESS OF LAW WHEN THE STATE FAILED TO DISCLOSE MATERIAL EVIDENCE AS REQUIRED BY THE BRADY V. RAY'S BRADY CLAIMS WERE ERRONEOUSLY DENIED ON PROCEDURAL GROUNDS, CONTRARY TO SUPREME COURT PRECEDENT, WITHOUT ADJUDICATION ON THE MERITS AND THE QUESTION OF MAETRIALITY OF THE EVIDENCE OR THE PROSECUTOR'S MISCONDUCT THE STATE WITHHELD A BALLISTICS REPORT SHOWING THAT THE DECEASED WAS SHOT WITH A .380-auto CALIBER WEAPON, CONTRARY TO THE TESTMONY OF THEIR WITNESS AT TRIAL, FRED BATTS, WHO TESTIFIED THAT HE SAW THE PETITIONER SHOT DECEASED WITH A 9MM REACHED WITH IT WITNESSES, INCLUDING ITS DEAL TO NOLLE PROS THE CASE AGAINST RAY'S CODEFENDANT IN EXCHANGE FOR HIS TESTIMONY AGAINST RAY OR TRANSCRIPTS, WHERE THE SAME WITNESSES ARE LISTED AS HAVING TESTIFIED BEFORE TWO DIFFERENT GRAND JURIES THAT PRODUCED TWO DIFFERENT INDICTMENTS, WHICH CHARGED TWO DIFFERENT CAUSES OF DEATH THE STATE IS WITHHOLDING THE IDENTITY OF AN ALLEGED CONFIDENTIAL SOURCE WHO SUPPOSEDLY PROVIDED INFORMATION ABOUT THE DECEASED BEING SHOT, WHICH CAUSED A SECOND AUTOPSY TO BE PERFORMED AND RESULTED IN THE CONCLUSION THAT GUNSHOT WAS THE CAUSE OF DEATH THE STATE FAILED TO DISCLOSE THE MENTAL HEALTH RECORDS OF THE CO-DEFENDANT, FRED BATTS, WHERE THESE RECORDS BEAR ON BOTH HIS CREDIBILTIY AND COMPETENCE TRIAL COUNSEL WAS INEFFECTIVE FOR HIS FAILURE TO INVESTIGATE, UNCOVER, UTILIZE THE BALLISTICS REPORT WHICH SHOWED THAT THE WEAPON USED TO KILL THE DECEASED WAS A .380-AUTO, AND NOT A 9 mm AS TESTIFIED TO AT TRIAL TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO CONDUCT ANY PRE-TRIAL INVESTIGATION AND SECURE THE PRESENCE OF DR. STEPHEN M. PUSTILNIK FOR TRIAL, WHO IS THE STATE FORENSIC PATHOLOGIST THAT PERFORMED THE FIRST AUTOPSY IN THIS CASE, AND WHO CONCLUDED THAT THE THE INVESTIGATE RESPONDENTS EXERCISE OF A PEREMPTORY STRIKE TO REMOVE JUROR RANDALL ASHFORD FROM THE JURY VENIRE, WHERE COUNSEL RELIED SOLELEY ON A PRETEXTUAL REASON GIVEN BY THE PROSECUTOR THAT WAS UNSUPPORTED BY ANY EVIDENCE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO OBJECT TO THE EXCLUSION OF FEMALE AFRICAN AMERICAN PROSPECTIVE JUROR MS. VIVIAN JENNINGS, WHO WAS STRUCK BY THE PROSECUTOR BASED SOLELY ON HER RACE, IN VIOLATION OF THE EQUAL TRIAL COUNSEL WAS INEFFECTIVE FOR HIS FAILURE TO O TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO OBJECT TO THE PROSECUTOR MAKING A DIRECT COMMENT OF RAY'S SILENCE TRIAL COUNSEL WAS INEFFECTIVE FOR HIS FAILURE TO INVESTIGATE DISCOVER, AND PRESENT EVIDENCE THAT REFUTES THE TRIAL TESTIMONY OF STATE WITNESS JOAN MOLOTSI, WHERE THIS EVIDENCE' IS CRITICAL AND SHOWS THAT THIS WITNESS GAVE FALSE AND MISLEADING TESTIMONY TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO OBJECT TO EXTREMELY PREJUDICAL AND DEROGATORY REMARKS MADE BY THE PROSECUTOR DURING THEIR CLOSING ARGUMENTS THAT DENIED RAY OF A FAIR TRIAL AND DUE PROCESS OF LAW TRIAL COUNSEL WAS INEFFECTIVE FOR HIS FAILURE TO OBJECT TO THE STATE'S FAILURE TO DISCLOSE A STATEMENT ALLEGEDLY MADE BY RAY TO STATE WITNESS GENE WALKER FACTS TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE FOR HIS FAILURE TO OBJECT TO AN ERRONEOUS JURY INSTRUCTION THAT GAVE THE JURY PERMISSION TO CONSIDER THE TESTIMONY OF WITNESSES EVEN IF THEY FOUND IT TO BE WILLFUL AND INTENTIONAL FALSE TESTIMONY AS TO MATERIAL TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE WHEN HE FAILED TO DISCOVER AND DISCLOSE TO THE JURY THE FULL TERMS OF THE DEAL THE STATE HAD WITH CO-DEFENDANT FRED BATTS TRIAL COUNSEL WAS INEFFECTIVE FOR ALLOWING PETITIONER TO PLEAD TO AN INDICTMENT THAT WAS PASSED WITH NO WITNESS OR LEGAL EVIDENCE BEING PRESENTED BEFORE IT TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE WHEN HE FAILED TO OBJECT TO THE FACT THAT THE PROSECUTOR HAD PROVIDED HIM WITH FALSE INFORMATION AS TO WHERE THE INFORMATION HAD COME FROM THAT LEAD TO A SECOND AUTOPSY BEING PERFOMRED, WHEN THE FALSITY WAS UNCOVERED DURING TRIAL TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO OBJECT TO THE PROSECUTOR IMPROPERLY VOUCHING FOR THE TESTIMONY AND CREDIBILITY OF THE CODEFENDANT TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE WHEN HE MISINFORMED THE JURY ABOUT WHAT THE EVIDENCE WOULD BE AT TRIAL, DUE TO THE FACT THAT COUNSEL HAD NOT CONDUCTED ANY PRI TRIAL INVESTIGATION TO KNOW WHAT THE EVIDENCE WOULD BE AT TRIAL TRIAL COUNSEL WAS INEFFECTIVE FOR HIS FAILURE TO OBJECT TO PREJUDICIAL AND ERRONEOUS SCIENTIFIC, DNA TESTIMONY THAT WAS GIVEN BY A POLICE OFFICER WHO WAS NOT QUALIFIED TO GIVE TESTIMONY ABOUT SCIENTIFIC EVIDENCE
PETITIONER WAS DENIED HIS SIXTH AND FOURTEENT AMENDMENT RIGHTTO DUE PROCESS OF LAW, EQUAL PROTECTION OF THE LAW, AND HIS RIGHTTO A FAIR AND IMPARTIAL JURY BY THE STATE'S USE OF ITS PEREMPTORY STRIKE AGAINST AFRICAN-AMERICAN JUROR RANDALL ASHFORD IN A RACIALLY DISCRIMINATORY MANNER
THE
THE STATE FAILED TO DISCLOSE THE FULL TERMS OF THE DEALS IT
THE STATE IS WITHHOLDING EXCULPATORY GRAND JURY MINUTES
TRIAL COUNSEL RENDERD INEFFECTIVE ASSISTANCE FOR HIS FAILURE TO
PROTECTION CLAUSE OF THE 14TH AMENDMENT
BJ
ECT TO TESTIMONY THAT HE KNEW TO BE FALSE, WHEN RAY'S CODEFENDANT DENIED HAVING A DEAL WITH THE STATE IN EXCHANGE FOR HIS TESTIMONY, AND THE STATE ALSO DENIED RAY DUE PROCESS AND A FAIR TRIAL FOR FAILING TO CORRECT THIS TESTIMONY IT KNEW TO BE FALSE
