Anthony's letters
Raiford USA, November 2018
First of all, I hope everyone is feeling healthy, doing fine and staying warm. I would also like to take this opportunity to wish everyone a HAPPY HOLIDAY SEASON! I also would like to remind all of my dear friends and loyal supporters that I truly appreciate your prayers, letters, cards, love and all that you do for me! Each day I continue to thank God for you all and ask God to bless you all!
I'm doing fine. My health is good, my faith is strong and I'm in good spirits. I'm still focused and determined as ever to succeed in this fight for justice. Earlier this year two appeals were filed by my attorney to the Florida Supreme Court(FSC). One appeal, Hurst VS. State, which deals with the unanimous vote required by a jury to recommend a death sentence was recently denied by the FSC. I will explain that in a minute. The other appeal I have pending in the FSC deals with the recantation of a former police officer, tampering of evidence, the withholding of favorable evidence and ineffective assistance of counsel claims. That appeal has not been ruled on yet.
The appeal regarding the Hurst issue that was recently denied was not a surprise to my attorney and I. The FSC has been denying ALL appeals by capital defendants who's appeals were final before June of 2002. In a case called Hurst VS. Florida, the United States Supreme Court (USSC) ruled that Florida's capital sentencing scheme is unconstitutional in 2016 because Florida did not require a jury to unanimously recommend a death sentence. Instead of giving ALL capital defendants a new resentencing hearing, the FSC used a case ruling from June 2002 as a cut-off point. About half of the capital defendants on Florida's death row were given resentencing hearings or automatically had their death sentence commuted to a life sentence. ALL cases that were final before 2002 would not benefit from Hurst. ( After the first appeal, which is called the Direct Appeal, a case is deem final although the appeal process has just begun.) Our position is that the FSC is wrong on this issue because the USSC said the Constitution requires an unanimous vote to recommend a death sentence. Many capital defendant lawyers believe that the FSC is violating federal constitutional law, plus constitutional law requiring fairness, especially in capital cases. Federal Courts deals with "Constitutional" issues that State Supreme Courts differentiates from for whatever "State Law" reasons. Many capital defendant's lawyers believe that the State legislative branch simply did not want to PAY for all death row resentencing hearings throughout the State of Florida, causing a workload on lower circuit courts. Capital defendant's lawyers blame the FSC for creating the misinterpretation of the USSC ruling in Hurst. And apparently, the FSC isn't going to reverse their ruling on this issue. That is why guys like me who did not benefit from Hurst are appealing to the Federal Courts or the USSC to deal with the Constitutional violation. Despite the FSC denial on the Hurst appeal, one of the Justices not only wanted to grant me a new resentencing hearings, but also wanted to grant me a new trial based on the fact that there was no premeditation proven in my case. It has never been determined whether the jury found me guilty on premeditation or felony murder. So, my lawyer will file a Motion for Rehearing on the Hurst denial to the FSC next week. Assuming the FSC denies that Motion, we will appeal to the USSC. As soon as the FSC rules on the appeal still pending, I will inform everyone of their decision. I have strong claims pending in the FSC. I'm still confident that I will eventually be granted a new trial!
And I want everyone to know I have strong confidence in my current attorney. He is as good as they come when filing capital appeals. And the communication between he and I has gotten better since I have a tablet now. My lawyer and I email each other quite frequently now.
Please continue to stay strong and confident with me. Your support is crucial and I need your help to prevail. Giving up is not an option. I thank each and everyone of you with all my heart! May God bless you all!
Much Respect and Much Love, Your Friend,
Anthony Mungin
P.S. Sending everyone Holiday Season Hugs and Kisses!
First of all, I hope everyone is feeling healthy, doing fine and staying warm. I would also like to take this opportunity to wish everyone a HAPPY HOLIDAY SEASON! I also would like to remind all of my dear friends and loyal supporters that I truly appreciate your prayers, letters, cards, love and all that you do for me! Each day I continue to thank God for you all and ask God to bless you all!
I'm doing fine. My health is good, my faith is strong and I'm in good spirits. I'm still focused and determined as ever to succeed in this fight for justice. Earlier this year two appeals were filed by my attorney to the Florida Supreme Court(FSC). One appeal, Hurst VS. State, which deals with the unanimous vote required by a jury to recommend a death sentence was recently denied by the FSC. I will explain that in a minute. The other appeal I have pending in the FSC deals with the recantation of a former police officer, tampering of evidence, the withholding of favorable evidence and ineffective assistance of counsel claims. That appeal has not been ruled on yet.
The appeal regarding the Hurst issue that was recently denied was not a surprise to my attorney and I. The FSC has been denying ALL appeals by capital defendants who's appeals were final before June of 2002. In a case called Hurst VS. Florida, the United States Supreme Court (USSC) ruled that Florida's capital sentencing scheme is unconstitutional in 2016 because Florida did not require a jury to unanimously recommend a death sentence. Instead of giving ALL capital defendants a new resentencing hearing, the FSC used a case ruling from June 2002 as a cut-off point. About half of the capital defendants on Florida's death row were given resentencing hearings or automatically had their death sentence commuted to a life sentence. ALL cases that were final before 2002 would not benefit from Hurst. ( After the first appeal, which is called the Direct Appeal, a case is deem final although the appeal process has just begun.) Our position is that the FSC is wrong on this issue because the USSC said the Constitution requires an unanimous vote to recommend a death sentence. Many capital defendant lawyers believe that the FSC is violating federal constitutional law, plus constitutional law requiring fairness, especially in capital cases. Federal Courts deals with "Constitutional" issues that State Supreme Courts differentiates from for whatever "State Law" reasons. Many capital defendant's lawyers believe that the State legislative branch simply did not want to PAY for all death row resentencing hearings throughout the State of Florida, causing a workload on lower circuit courts. Capital defendant's lawyers blame the FSC for creating the misinterpretation of the USSC ruling in Hurst. And apparently, the FSC isn't going to reverse their ruling on this issue. That is why guys like me who did not benefit from Hurst are appealing to the Federal Courts or the USSC to deal with the Constitutional violation. Despite the FSC denial on the Hurst appeal, one of the Justices not only wanted to grant me a new resentencing hearings, but also wanted to grant me a new trial based on the fact that there was no premeditation proven in my case. It has never been determined whether the jury found me guilty on premeditation or felony murder. So, my lawyer will file a Motion for Rehearing on the Hurst denial to the FSC next week. Assuming the FSC denies that Motion, we will appeal to the USSC. As soon as the FSC rules on the appeal still pending, I will inform everyone of their decision. I have strong claims pending in the FSC. I'm still confident that I will eventually be granted a new trial!
And I want everyone to know I have strong confidence in my current attorney. He is as good as they come when filing capital appeals. And the communication between he and I has gotten better since I have a tablet now. My lawyer and I email each other quite frequently now.
Please continue to stay strong and confident with me. Your support is crucial and I need your help to prevail. Giving up is not an option. I thank each and everyone of you with all my heart! May God bless you all!
Much Respect and Much Love, Your Friend,
Anthony Mungin
P.S. Sending everyone Holiday Season Hugs and Kisses!
