Overturn Wrongful Conviction and Excessive Sentencing


Overturn Wrongful Conviction and Excessive Sentencing
The Issue
My husband, Diamond Blair and other men and women, was wrongfully convicted and excessively sentenced in violation of Missouri Statutory Convictions and Sentencing Laws, revised statues of Missouri 556.041/556.046. Which limits the number of convictions the state may legally obtain against a defender. Most offenses are committed with or through the aid of a deadly weapon, i.e. Murder with a deadly weapon and/or Robbery with a deadly weapon. Section 556.041/046 expressly prohibits Missouri Courts from convicting and sentencing a defendant for both predicate and underlying felony. For instance, Murder or Robbery committed with a dangerous weapon-which would be considered Armed Criminal Action-must be submitted to a jury in the alternative. This means the court is obligated to instruct a jury that: "Though not required to return a verdict of guilt, if you find a defendant guilty of Murder or Armed Criminal Action, you may find him guilty either of Murder or Armed Criminal Action, but not BOTH! However, to cover up and justify wrongfully convicted and excessively sentencing thousands, judges, prosecutors and legislators corroborated to change the law in a mass cover up by revising RSMo 517.015 which is known as the Armed Criminal Action law and allows them to get away with convicting and sentencing a defendant for predicate felony and Armed Criminal Action. Despite the lack of concrete evidence, he has been convicted of felony Murder/Armed Criminal Action and subjected to unjust legal process that has torn our family apart. According to the National Registry of Exonerations, over 2,800 individuals have been exonerated since 1989 due to wrongful convictions. We cannot allow another innocent person to suffer behind bars for a crime they did not commit.
Several factors apply to the term "Excessive Sentencing."
For instance, a person is sentenced excessively when/if a trial court moves outside of statutory law prohibiting convictions for multiple offenses arising from the same act i.e. First degree robbery and Armed Criminal Action, etcetera. As it often does when misapplying the laws to African American males and females.
The state of Missouri has on record two such statutory laws which the courts are obligated to abide by, but do not. They are Missouri Revised Statutes (RSMo) sections 556.041-- Limitation on conviction for multiple offenses, and 556.046-- Convictions of included offenses--Jury instructions.
In relevant part statute 556.041 et seq states: "When the same conduct of a person may establish the commission of more than one offense, he or she may be PROSECUTED for each offense. Such person may NOT, however, be CONVICTED of more than ONE offense if:
(1) One offense is included in the other, as defined in section 556.046 or
(4) The offense is defined as a continuing course of conduct and the person's course of conduct was uninterrupted....
To use the example provided by Congress in explaining the application of RSMo 556.041 et seq, " If a person is driving reckless and speeds through a stop sign, this is considered a continued course of action," because there is no interrupting factors, and the person "cannot be convicted for both reckless driving and running the stop sign." He/she can be CHARGED and tried in court for both crimes but, the court is obligated by law to instruct the jury in the alternative: "Hey. You may find the defendant guilty of either reckless driving, or running the stop sign, but not both." This example also defines section 556.046's "Included Offense."
However, Missouri's judicial system and its Governor does not legally apply the statutory laws to African Americans facing trial/sentencing.
To justify and to cover up thousands of wrongful convictions and excessive sentencing cases, the court(s), Prosecutor's, and Public Defender's offices convolute the simple meanings behind what Legislatures intended when they created the laws "limiting the convictions for multiple and included offenses." In revising statute RSMo 517.015(the Armed Criminal Action statute), those who create and carry out the laws of Missouri have now rewritten the laws, yet again, to their standards to cover up and justify the dual convictions and excessive sentencing of African Americans either wrongfully convicted because they are actually innocent, or who are guilty of a crime but should not be serving the sentences they are.
Though several controlling case laws remain on the books in direct contravention of section 517.015's allowance of dual convictions for the ACA and a predicate felonies, the Court refuse to apply this "Good Law" to people facing trial in Missouri. (Why?)
One such case is State v. Michael White, 633 S.W. 2d 173 (App. W.D. 1982).
In White, the defendant appealed several convictions including rape, burglary, kidnapping, and armed criminal action. There, the Court vacated the ACA conviction and stated: "Assuming that the evidence in the case supports both crimes, the Court may instruct on both armed criminal action and the underlying felony, however, the jury may convict of only one of them pursuant to 556.041(1)."
This means the Court is obligated to instruct the jury in the alternative, i.e. "If you find the defendant guilty of murder with the use of a weapon and ACA, you may convict him/her of either murder, or ACA, but not both."
Why are the Courts and those charged with executing the laws not following the strictures of those laws?
Simple! Because the system is designed for African Americans, and the very poor, to serve majority -- if not the remainder -- of their lives imprisoned, providing generational jobs and checks for the children and 10x great grandchildren of those who make the laws!
It is a matter of fact that crime will not cease within the African American communities, nor this nation and the people who break the laws of society must be punished within the legal confines of the laws they break. However, we must bring an end to the injustices and disparate and disproportional sentencing perpetuated against African Americans, other people of color, and the poor.
This petition is a beginning. Join us in bringing truth and fairness of equality to the word justice by signing your name in support of ending wrongful convictions, and excessive sentencing. Shed light on an egregious miscarriage of the laws.
Justice is only blind whenever she is applied to wealthy white Americans.
Wrongful convictions occur when there is no evidence in support of the conviction, or when the legal facts do not mount up to the class of felony a person is charged and convicted of. Several men and women incarcerated in the state of Missouri have been wrongfully convicted, excessively sentenced and swept under the rug as a statewide cover up. To name a few: William Blair, Tommy Williams, Michael Silas, Terry Smith, Pete Ralls, Kevin Hurley, Timothy McClendon, Jimmy Verge, Darren Harris, Elliott Dunn and Roger Buckner. All are individuals serving life to multiple life sentences. For wrongful convictions or excessive sentencing.
Please join me in demanding justice for Diamond Blair, the men named above and others like them by signing this petition.
166
The Issue
My husband, Diamond Blair and other men and women, was wrongfully convicted and excessively sentenced in violation of Missouri Statutory Convictions and Sentencing Laws, revised statues of Missouri 556.041/556.046. Which limits the number of convictions the state may legally obtain against a defender. Most offenses are committed with or through the aid of a deadly weapon, i.e. Murder with a deadly weapon and/or Robbery with a deadly weapon. Section 556.041/046 expressly prohibits Missouri Courts from convicting and sentencing a defendant for both predicate and underlying felony. For instance, Murder or Robbery committed with a dangerous weapon-which would be considered Armed Criminal Action-must be submitted to a jury in the alternative. This means the court is obligated to instruct a jury that: "Though not required to return a verdict of guilt, if you find a defendant guilty of Murder or Armed Criminal Action, you may find him guilty either of Murder or Armed Criminal Action, but not BOTH! However, to cover up and justify wrongfully convicted and excessively sentencing thousands, judges, prosecutors and legislators corroborated to change the law in a mass cover up by revising RSMo 517.015 which is known as the Armed Criminal Action law and allows them to get away with convicting and sentencing a defendant for predicate felony and Armed Criminal Action. Despite the lack of concrete evidence, he has been convicted of felony Murder/Armed Criminal Action and subjected to unjust legal process that has torn our family apart. According to the National Registry of Exonerations, over 2,800 individuals have been exonerated since 1989 due to wrongful convictions. We cannot allow another innocent person to suffer behind bars for a crime they did not commit.
Several factors apply to the term "Excessive Sentencing."
For instance, a person is sentenced excessively when/if a trial court moves outside of statutory law prohibiting convictions for multiple offenses arising from the same act i.e. First degree robbery and Armed Criminal Action, etcetera. As it often does when misapplying the laws to African American males and females.
The state of Missouri has on record two such statutory laws which the courts are obligated to abide by, but do not. They are Missouri Revised Statutes (RSMo) sections 556.041-- Limitation on conviction for multiple offenses, and 556.046-- Convictions of included offenses--Jury instructions.
In relevant part statute 556.041 et seq states: "When the same conduct of a person may establish the commission of more than one offense, he or she may be PROSECUTED for each offense. Such person may NOT, however, be CONVICTED of more than ONE offense if:
(1) One offense is included in the other, as defined in section 556.046 or
(4) The offense is defined as a continuing course of conduct and the person's course of conduct was uninterrupted....
To use the example provided by Congress in explaining the application of RSMo 556.041 et seq, " If a person is driving reckless and speeds through a stop sign, this is considered a continued course of action," because there is no interrupting factors, and the person "cannot be convicted for both reckless driving and running the stop sign." He/she can be CHARGED and tried in court for both crimes but, the court is obligated by law to instruct the jury in the alternative: "Hey. You may find the defendant guilty of either reckless driving, or running the stop sign, but not both." This example also defines section 556.046's "Included Offense."
However, Missouri's judicial system and its Governor does not legally apply the statutory laws to African Americans facing trial/sentencing.
To justify and to cover up thousands of wrongful convictions and excessive sentencing cases, the court(s), Prosecutor's, and Public Defender's offices convolute the simple meanings behind what Legislatures intended when they created the laws "limiting the convictions for multiple and included offenses." In revising statute RSMo 517.015(the Armed Criminal Action statute), those who create and carry out the laws of Missouri have now rewritten the laws, yet again, to their standards to cover up and justify the dual convictions and excessive sentencing of African Americans either wrongfully convicted because they are actually innocent, or who are guilty of a crime but should not be serving the sentences they are.
Though several controlling case laws remain on the books in direct contravention of section 517.015's allowance of dual convictions for the ACA and a predicate felonies, the Court refuse to apply this "Good Law" to people facing trial in Missouri. (Why?)
One such case is State v. Michael White, 633 S.W. 2d 173 (App. W.D. 1982).
In White, the defendant appealed several convictions including rape, burglary, kidnapping, and armed criminal action. There, the Court vacated the ACA conviction and stated: "Assuming that the evidence in the case supports both crimes, the Court may instruct on both armed criminal action and the underlying felony, however, the jury may convict of only one of them pursuant to 556.041(1)."
This means the Court is obligated to instruct the jury in the alternative, i.e. "If you find the defendant guilty of murder with the use of a weapon and ACA, you may convict him/her of either murder, or ACA, but not both."
Why are the Courts and those charged with executing the laws not following the strictures of those laws?
Simple! Because the system is designed for African Americans, and the very poor, to serve majority -- if not the remainder -- of their lives imprisoned, providing generational jobs and checks for the children and 10x great grandchildren of those who make the laws!
It is a matter of fact that crime will not cease within the African American communities, nor this nation and the people who break the laws of society must be punished within the legal confines of the laws they break. However, we must bring an end to the injustices and disparate and disproportional sentencing perpetuated against African Americans, other people of color, and the poor.
This petition is a beginning. Join us in bringing truth and fairness of equality to the word justice by signing your name in support of ending wrongful convictions, and excessive sentencing. Shed light on an egregious miscarriage of the laws.
Justice is only blind whenever she is applied to wealthy white Americans.
Wrongful convictions occur when there is no evidence in support of the conviction, or when the legal facts do not mount up to the class of felony a person is charged and convicted of. Several men and women incarcerated in the state of Missouri have been wrongfully convicted, excessively sentenced and swept under the rug as a statewide cover up. To name a few: William Blair, Tommy Williams, Michael Silas, Terry Smith, Pete Ralls, Kevin Hurley, Timothy McClendon, Jimmy Verge, Darren Harris, Elliott Dunn and Roger Buckner. All are individuals serving life to multiple life sentences. For wrongful convictions or excessive sentencing.
Please join me in demanding justice for Diamond Blair, the men named above and others like them by signing this petition.
166
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Petition created on May 29, 2024
