14th Judicial Circuit Court of Bay County, Florida , Respondent
PETITION FOR WRIT OF HABEAS CORPUS
THE PETITIONER, by and through Pro Se counsel, requests the Court to direct Respondent to discharge Matthew C Meredith as AdrXXXXX XXXXX's Public Defender and discharge AdrXXXXX XXXXX from custody on the grounds that AdrXXXXX XXXXX is unlawfully imprisoned and states:
STATEMENT OF THE FACTS
· At AdrXXXXX XXXXX pre trial
on 7/18/2007, Public Defender Matthew C Meredith requested a Waiver of Speedy Trial without AdrXXXXX XXXXX concent or knowledge during the pre trial proceeding on case 07001107CFMB.
· Upon hearing Matthew C Meredith request for Waiver of Speedy Trial in open court AdrXXXXX XXXXX did speak out and object to this Waiver of Speedy Trial right. The Judge Dedee Costello in response did state to AdrXXXXX XXXXX that his right to Speedy Trial was now waived.
· Matthew C Meredith has known since his first meeting with AdrXXXXX XXXXX on 5/10/2007 that both Mark Fannin and Shannon Greenwood needed to be deposed for case 07001107CFMB. Futher Mark Fannin has been a inmate at Bay County Jail Annex since 3/24/2007 and is still in custody. Shannon Greenwood is the victim in the case and the police records show his contact information up to the date of his arrest on 6/7/2007 at which point he became an inmate at Bay County Jail from 6/8/2007 till 9/25/2007. Shannon Greenwood is currently a inmate at Florida Department of Corrections at Walton CI receipt date 9/26/2007 and his current release date is 8/27/2008. So neither is difficult to find. Matthew C Meredith has known this information all this time.
· Matthew C Meredith has known since 8/29/2007 that Shannon Greenwood was deposed by his co defendants Attorney and that in Shannon Greenwood depostion he stated that apparently there was no robbery
it was a argument. This information just came to the defendants family through Mark Fannin. Futher this information has never been communicated to the defendant before Mark Fannin brought it to the AdrXXXXX XXXXX parents attention.
· Shannon Greenwood has made three conflicting statements since his inital statements to police. I submit that Matthew C Meredith should have also moved to impeach Shannon Greenwood's statement as well.
· Matthew C Meredith has never filed a document of any kind concerning his reasons or actions with the Clerk of Courts about the Waiver of Speedy Trial on 7/18/2007.
· The action of the Waiver of Speedy Trial not only affected the case of Robbery with Deadly Weapon, and Aggravated Battery case 07001107CFMB. But has also waived the right to Speedy Trail on AdrXXXXX XXXXX other two cases of Aggravated Battery of Pregant Woman, Resist Officer without Violence, Possion of Lortab and Obstruct Officer without Violence cases respectivley 07000802CFMA and 07000803CFMA. Case 07001107CFMB is a separate case that should have been tried on it own, not with cases 07000802CFMA and 07000803CFMA.
SUMMARY OF ARGUMENT
AdrXXXXX XXXXX petitoned this court for Writ Habeas Corpus. In this petition AdrXXXXX XXXXX alleges violations of his civil right to speedy trial under Florida Rule of Criminal
Proedure 3.191. Rule 3.191 of Florida Rules of Criminal Procedure provides that all persons charged with a crime in State of Florida are entitled to a speedy trial. In absense of demand for speedy trial, persons charged with felony are entitled to be brought to trial within 175 days of having been arrested. In AdrXXXXX XXXXX case 07001107CFMB, he was arrested 3/24/2007 which would make AdrXXXXX XXXXX experation window date 8/19/2007. AdrXXXXX XXXXX Public Defender Matthew C Meredith was aware of the depositions of the principals in the case 07001107CFMB, Mark Fannin and Shannon Greenwood were needed since 5/10/2007. And that these were the only two eyewitinesses to this occurance. Matthew C Meredith also knew of AdrXXXXX XXXXX bona fided desire to obtain a speedy trial on the merits since 5/10/2007. AdrXXXXX XXXXX stated to Matthew C Meredith that he felt these were the only two persons he needed to go to trial. Futher information which came to the parent of AdrXXXXX XXXXX, from Mark Fannin that Matthew C Meredith attended a deposition with Mark Fannin's Attorney, Assistant States Attorney, and Shannon Greenwood, with respect to Shannon Greenwood changing his statement yet again about there being a robbery. Shannon Greenwood stated it was a argument in fact not a robbery at all. This fact has never been communicated to AdrXXXXX XXXXX by Matthew C Meredith to date, nor to my knowledge has it been brought to the Courts attention. I am suspect about these two depositions that Matthew C Meredith was trying to get. On 7/18/2007 AdrXXXXX XXXXX was in pre trial proceding, where Matthew C Meredith on case 07001107CFMB did request a Waiver of Speedy Trial without AdrXXXXX XXXXX's knowledge, consent or any consultation of AdrXXXXX XXXXX in open court. Matthew C Meredith knew of AdrXXXXX XXXXX's bona fided desire to have a speedy trial, but to date Matthew C Meredith has never communicated to AdrXXXXX XXXXX of his intention or the reason of requesting this Waiver of Speedy Trial. Matthew C Meredith has never filed a document of any kind concerning his reasons or actions with the Clerk of Courts about the Waiver of Speedy Trial on 7/18/2007, simply that he was trying to track down some witnesses. Matthew C Meredith in open court on 7/18/2007 did state he was having troubles tracking down two witnesses he needed to depose for case 07001107CFMB. The only two people this could have been were the two principals in the case 07001107CFMB, Mark Fannin and Shannon Greenwood as there are no other eyewitnesses to this case. I submit that both persons are very easy to locate Mark Fannin has and still is a inmate at Bay County Jail Annex and Shannon Greenwood according to police records had contact information within the police report
, futher Shannon Greenwood was also arrested on 6/7/2007 and put into custody at the Bay County Jail and was a inmate there until 9/25/2007 at which point he was transfered to the Department of Corrections at Walton CI where he is currently a inmate till 8/27/2008. When Matthew C Meredith was in open court he requested a Waiver of Speedy Trial, from Judge Dedee Costello. AdrXXXXX XXXXX did verbally object to this action by Matthew C Meredith to Judge Dedee Costello, but Judge Dedee Costello did grant the