In this article I will give a basic introduction of a prisoner's right to medical care. However, this information would be of very little help without information as to the enforcement of such right. Therefore, some basic information about civil rights litigation will be covered in this article as well. Still, before a prisoner submits any civil action to enforce the denial of medical care, he or she should properly research the claim and exhaust the grievance procedure. CONS

The purpose of these articles are to educate prisoner's of their post conviction options. Post conviction refers to any motion or petition that is filed after a person is convicted. IN this article I will cover amending a post conviction motion filed under Rule 3.850, Florida Rules of Criminal Procedure and applicable law. A) SPERA V STATE. Prior to Spera v State, 971 So.2d 754( Fla.2007), cases consistently held that the trial court was required to grant defendant's motion t

Post-Conviction Remedies( By Melvin Pérez) This article will cover post conviction motions. Every year many prisoners are faced with the question of what post conviction ( after a person is convicted) motion to file and what is the proper time line and order of filing. Many prisoners miss important deadlines because of lack of proper information. For this reason, it is important to know your rights. With this goal in mind, this article will address post conviction motions an

RULE 3.850 OVERVIEW ( MELVIN PEREZ). Nature of Proceedings. A motion for post-conviction relief is not a second appeal, and to merit relief in a postconviction motion, a procedural error must be of greater magnitude. See, Ives v. State, 993 So.2d 117(Fla.4thDCA 2008). While habeas corpus and other post-conviction proceedings are technically classified as civil proceedings, they are unlike a general civil action wherein parties seek to remedy a private wrong because a habeas c

Jailhouse Lawyers Who We Are, And Where We Come From. (By Melvin Perez). Overview Where We Come From. In February 1965 William Joe Johnson, who was serving a life sentence in the Tennessee State Penitentiary, was transferred to the maximum security building in the prison for violation of a prison regulation which provided: "No

LET JUSTICE BE DONE (BY MELVIN PEREZ). When you hear the word justice, what comes to mind. Do you think about a person that got sentenced for something he did, or payback for something that came back around from the past. We do agree that what is justice to someone might be injustice to someone else. Let's look at the case of Melvin Perez. He was born in New York. His parents are from Puerto Rico. At the age of 9 he moves to Puerto Rico. At 17 he moves to Florida where he is

CIVIL PRACTICE AND PROCEDURE (Part 2) BY MELVIN PEREZ TYPES OF DAMAGES. Two types of losses result in damages: those that can be fixed with money, and those that can be fixed with action. Some courts have the ability to award money damages. Some courts have the ability to make someone do something. Some courts can give both kinds of solution. Whatever solution the court comes up with, when the court makes its decision it is called "awarding relief". Wh