Saturday Night / Early morning of March 16th, 2003, while hanging out at Club Kathleen in Lakeland, Fl I got into a verbal disagreement with a group of guys that I had a history of problems with. They got kicked -out of the club and so they decided to wait outside for me to finish the disagreement that started in the club. I exited the club with my brother Patrick brown and my cousin Aree Spivey. Club security was also outside the club and they ordered everyone to leave because the club was closing.
Me, my brother and my cousin left club Kathleen and decided to visit a nearby after-hours club. For the 3rd time that night, we ran into this other group of men. Except this time there was no club security to intervene. The vehicle I was riding in was ran off the road into a nearby winn- dixie parking lot and blocked- in by 2 vehicles in front and 1 vehicle right on our bumper.
Patrick Brown and Curtis Crossley are the first 2 people out of their respective vehicles, and they began to fight each other.
Everyone that testified at my trial testified to the above referenced events. What happened after the fight began is where the alleged victim’s version of events differs from me and my witness versions. I testified that I didn’t shoot anyone while they said I pulled out a gun and opened fire on them. I lied at my trial, During the fight, several guys started running towards me. I was already scared and pulled out my brother’s gun and began shooting because I was worried that they would pull out their guns at me first.
I’m wondering if I could get the records of how many times he testified as an expert on IAC claims and said failing to follow through on a promise to present evidence/witness was ineffective assistance of counsel. Or failure to preserve a fundamental error for direct appeal was IAC.I had a jury instruction claim involving the use of the conjunction or "to combine me and my principle and using “or to combine my victims in a single instruction to the jury.
I was charged with the highest crime possible despite the evidence of the victims being the aggressor through-out that night and running my vehicle off the road to beat me up. There was evidence of 3 different guns being fired that night. The victims admitted to seeking a weapon immediately with me at the club. Two of the victims tested positive for gunshot residue on their hands (The deceased was one of them) although they swear, they didn’t have weapons when the shooting occurred.
In case no: CF 03-001758 I was charged with one count of Pre-meditated murder, 2 counts of attempted pre-meditated murder and one count of aggravated battery with a firearm.
My situation began with these guys trying to jump me inside club. I didn’t plan that, they waited on me to leave the club and then tried to jump on me again. I had to leave the club, to go home, they didn’t have to wait outside for me to leave, they also didn’t have to run my vehicle off the road into that parking lot. I feel like that alone should have negated any type of premeditated charges in my case. I am not trying to justify what happened that night. A life was lost, and I regret what I did, I do continue to fight my case because it was far from fair. My trial attorney was also my direct appeal attorney, so I believe there where several errors he made that he refused to raise on Direct appeal because lawyers will rarely raise claims against himself. For instance, my trial attorney testified at my post-conviction evidentiary hearing that I could be fatal or even a “death nail” to a case if a lawyer promises to present evidence/witness to the jury during opening statements and then break that promise.
But that exactly what he did but he said he doesn’t think that was ineffective counsel. My lawyer told the jury that he would present one of the men in the victim’s group who would testify that he asked a friend for his gun that night. He also said he would call that friend to testify that he had his registered weapon at the club that night shortly before the shooting. My Lawyer was Byron P Hileman out of Winter Haven, Fl. Apparently, he’s testified as an expert witness on Ineffective Assistance of Counsel Claims.
I’m wondering if I could get the records of how many times he testified as an expert on IAC claims and said failing to follow through on a promise to present evidence/witness was ineffective assistance of counsel. Or failure to preserve a fundamental error for direct appeal was IAC.I had a jury instruction claim involving the use of the conjunction or“to combine me and my principle and using “or to combine my victims in a single instruction to the jury.
Example: Jason Reid or a principal of Jason Reid’” did shot ‘Lisson Etienne or Brian Parker, that’s a single attempted murder instruction combining the victims from count 2-3.
I can go into more detail on my post-conviction claims (some were raised and some I failed to raise) and provide court documents that can be verified through the clerk of courts offices. But mostly I need help in anyway possible. For instance Daniel T Raddliffe is a senior crime lab analyst for the FDLE gunshot residue section (Daytona Beach Field Office ). As a state witness in my post-conviction hearing he testified that a positive GSR test on a person’s hand’s does not mean they fired a weapon. Although I’ve read legal cases where experts claim that a positive GSR test indicates the subject fired a gun. But its usually the accused who test positive. I would like to know how many times Mr. Radcliffe said a positive GSR test indicated the subject fired a gun and if the subject was the defendant or the victim. I think he only testifies favorably for the state.
Jason Reid #H07778
Central Florida Rception Center (EAST UNIT)
7000 H.C. KELLY ROAD
ORLANDO, FL 32831