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Casellas Habeas Corpus Raymond Molina NotiCel

Casellas Habeas Corpus Raymond Molina NotiCel

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Published by: noticelmesa on Jul 30, 2012
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07/30/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO
Joseph Raymond Molina
Petitioner[s],
VS.
The People Of Puerto Rico
Respondent[s],)))))))))) / 
Case No.:
PETITION FOR WRIT OF HABEAS CORPUS BYA PERSON UNDERSTATE CUSTODYCOMES NOW Petitioner
Joseph Raymond Molinapursuant to 28 U.S.C. § 2254and files the instant petition to overturn and vacate a sentence in the state court thatis contrary to the UnitedStatesConstitution.
PRELIMINARTY STATEMENT
1.The name of the Court that entered the judgment is the Superior courtof Puerto Rico in San Juan, Puerto Rico, undercriminalcase No. K 1C2008G0028. Imposing a sentence of five years and six months of incarceration, with a suspended incarceration sentence. This case is filed
 
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pursuant to
 Hensley v. Municipal Court, 411 U.S. 345 (1973)
1
and Carafasv. LaVallee, 391 U.S. 234 (1968)
2
.
2.The date of Judgment wasFebruary 13, 2009 Writ of certiorari was deniedJanuary27, 2012, by the Supreme Court of Puerto Rico, a motion forreconsideration was denied onMarch 30, 2012.3.The time of judgment of conviction was Five years and Sixmonths(suspended)
3
. The sentencing Judge was Hon. Abelardo Bermudez (now andappellate Judge).4.The nature of the offence convicted Art. 122 (third degree) was violation of Criminal Code.Article 122 requires aggression against a person the renderspermanent damage, but not requires medical attention, or specializedprofessional treatment ambulatory would be guilty of a crime in the fourthdegree. Aggravated to third degree.This is to say that the Government mustprove beyond reasonable doubt that petitioner Joseph Raymond Molina wasthe aggressor. The evidence at trial and admitted clearly showed the victimwas the aggressor.5.The sentence was for on count of Article 122 in the Third Degree
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Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within themeaning of the federal habeas corpus statute, 28U.S.C. §§ 2241(c)(3), 2254(a). Pp. 411 U. S. 348-353.
2
Though the federal habeas corpus statute requires that the applicant be "in custody" when the habeas corpusapplication is filed, the relief that may be granted is not limited to discharging the applicant from physical custody,the statute providing that "the court shall . . . dispose of the matter as law and justice require." 28 U.S.C. § 2243.Parker v. Ellis, 362 U. S. 574 (1960), overruled. Pp. 391 U. S. 238-240.
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6.There are no future sentences to be serve after completion of the five yearsand six months.
FACTS UPON WHY THE SENTENCE MUST BE VACATED
7.The appearing petitioner submits that the facts as specified here support thefollowing:
The evidence in admitted (video tape) when looked in light mostfavorable to the People of Puerto Rico is insufficient to show thatPetitioner JosephRaymondMolina Young was theaggressorasrequiredby the Art. 122of the Puerto Rico penal Code.
The waiver of jury trial was doneinvoluntary because of thepresiding judge apparent conflicts of interestwith the alleged victimMr. Carlos Romero Barceló. These facts were learnedafter the trialand conviction.
The
prosecutor’s
statements were unconstitutional and not relevant tothe issues at trial and prejudiced the decision, even after the courtattempted to distance itself, it nonetheless followed the pleading of the prosecutor.

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