Wednesday, 4 January 2012
Justin H. Underwood Wrongfully Convicted
Justin is currently incarcerated at Mississippi Department of Corrections - Ms. Unit 29 J Building
I was falsely convicted in May 1995 of the murder and kidnapping of Virginia Ann Harris. I was poorly represented by Attorney Edward Blackmon Jr.. during my trial, and there was no defense presented even though I had witnesses that would testify.
I am currently represented by Attorney James W. Craig and Mark D. Jicka. I'm in the South District Federal Court where I filed a petition for Habeas Corpus. I'm also trying to return to state court for Post-Convicition as well based on evidence we were not privy to during my original trial.
Some of the issues that are raised on my behalf are
(a) ineffective assistance of counsel,
(b) Violation of Miranda Rights,
(c) a violation of rights to have a independent psych evaluation to ascertain competency before trial
(d) Proprietorial misconduct in not turning over all exculpatory evidence,
(e) there may be some issues with the gathering of evidence that did fall under the direct protocol.
There are a lot of holes in my case and some of the blame may fall on my shoulders because I was naive to the law or my rights. I can honestly say that I was duped but I want to prove my innocence and there are plenty of facts left unturned that need to be sought.
What I am looking for assistance with is Research and cited cases dealing with - 1) there was a order by the trial judge that stated I could have a mental evaluation independent from the county, and my Attorney re-addressed the issue; 2) the lead investigator of my case never received the so- called murder weapon and it was turned over to the FBI Crime Lab by a third party without the knowledge of proper protocol of the lead detective or Madison Co. Sheriffs Department, and 3) there was evidence of a polygraph test in my motion of discovery dealing with the witness ( a witness) for the defense, but no mention at all of the states witness taking a polygraph test.
I would appreciate any and all assistance that can be offered.
Justin Underwood #55372
MSP, Unit 29 J Bldg.
Parchman, Ms. 38738