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Author Topic: Curtis Shuler J 16 year old. ACQUITTED and serving LWOP  (Read 854 times)
gloria
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« on: March 08, 2012, 05:32:01 PM »


Someone please explain how this can happen.  Huh


Curtis Shuler Jr is currently serving a term of natural life in prison without the possibility of parole. He was a sixteen year old juvenile when he was arrested in 1998 in Polk County. He was charged with Premeditated First Degree Murder on a victim that a 'sworn' jury 'ACQUITTED Him'. The jury never found him guilty of killing the victim. In fact the jury acquitted him of every 'essential element' to constitute the crime. Yet instead of following state and federal laws when it comes to legally inconsistent verdicts the prosecutor persuaded the judge to find him guilty as charged and the court adjudicated him guilty as charge despite the judges confusion as to the verdict. Federal and state law requires that verdicts rendered like his 'REQUIRE ACQUITTAL". He has a life sentence without benefit of parole for a murder he was never convicted of doing. He was wrongfully convicted and railroaded by the state.

http://youtu.be/6BmpMDnqyaQ

http://www.change.org/petitions/acquitted-but-still-serving-life-without-parole-since-he-was-16

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Bryan
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« Reply #1 on: March 21, 2012, 10:22:52 PM »


About time I gave an opinion...

If that is the case, a judge should overrule a jury verdict and free any person they think did not deserve the verdict. I wonder why a judge cannot swing both ways. It would make for an interesting conclusion, especially if some innocent person is still convicted by a dumb jury of 12. The thrill of victory for the prosecutor turned into the agony of defeat if a judge said after pounding the gavel for order, "I have to throw out this verdict. Let me tell you why." Then he dresses down the 12 jurors for bing insensitive bums not deserving of life itself for drinking the prosecutions kool aid when evidence showed clearly innocence. Why does a judge not have that power? In itself it would be a game changer that is fair, for it would work both ways. However for the prosecution, there is no appeal, only wallowing in defeat. Though the defense can appeal. That is good thing about it. Don't you agree? Smiley
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grasping the short straw

gloria
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« Reply #2 on: May 11, 2012, 03:58:40 AM »


Beyond a reasonable doubt: The Curtis Shuler case

http://justice4juveniles.wordpress.com/2012/05/10/beyond-a-reasonable-doubt-the-curtis-shuler-case/

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Curtis Shuler was 16 years old when he was charged with a murder that occurred on April 26th of 1998. He waited for five years before he was tried as in adult in Sarasota County Florida, and subsequently sentenced to life without parole.
 
This particular case is important for several reasons. First, it highlights the unjust and unethical application of the felony murder rule. Approximately half of the states in America allow a person to be convicted of first degree murder, even if the jury believes the person did not commit the act of murder. This is possible because in many states if a person is charged with murder and another felony, such as aggravated assault or burglary, the jury only need find the person guilty of the lesser felony offense for the individual to receive an egregious sentence, such as life without parole.

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Melissa
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« Reply #3 on: May 11, 2012, 08:54:21 AM »


Curtis Shuler's story is a really sad one. He had a ton of witnesses saying he was working on his car at his home when the murder occurred. The shooting happened at about 9:30pm. Curtis was never identified as the shooter or even identified as someone who was there by anyone other than Lester and Streeter - the other two involved in the shooting. Streeter had seventeen prior felony convictions before he testified at Curtis's hearing where he actually recanted prior claims that Curtis was the shooter and that Curtis was even with the guys. He said he had an "attack of conscience" and named Lester as the shooter. Realistically it is more likely Streeter was the shooter because his prints were found on the outside of the vehicle, on the door I believe it was...but that's a whole other story. Put it this way...no fingerprints, DNA, or other physical evidence was EVER presented suggesting that Curtis was even there, let alone that he shot a man.

On the day of the murder he went to church. Witnesses remembered this because there was an appreciation day at the church and Curtis went to both the church event and the later dinner. He was seen at his home by a number of people throughout the entire evening. People even reported talking to him. One neighbor said that at 8 p.m. or 9 p.m. she asked Curtis to turn his music down, which he had on while he worked on the car. She said she reported him to the landlord the next day for playing his music too loud. Curtis's mother checked on him regularly and reported he came into the house at 1 a.m. Before that, a bunch of people said they saw and/or talked to him.

I personally do not believe Curtis was even with Lester and Streeter when the shooting occurred. IF there was a third person it was likely Lester's brother, Adrian Moore. I say this because the two were described as close AND Moore was with Lester and Streeter when they went on the shooting spree following the murder of Mr. Tyler. Seven people were shot and two people died (a young woman and a child). Moore and Lester were there, but they were not charged with anything. Streeter was though and he was convicted for it.

Streeter said the plan was to pin it on Curtis after he and Lester learned that Mr. Tyler died. Though Streeter told a lot of lies and a lot of stories, he told this story when he had nothing to gain from it. He said Curtis wasn't there and he wasn't the shooter.

So we have this man who was 16 when he was arrested for this crime. He waited FIVE years to go to trial and was a man when he sat before the jury. He was 21. Can you imagine? I mean they had no concept that this man had already lost his childhood.

The jury said they did not believe Curtis committed the murder. They acquitted him of that. They found him guilty of burglary, based on ZERO evidence except the prior word of Lester and Streeter. So because the burglary was committed during the commission of a murder felony murder applies and bumps it up to 1st degree murder, without having to prove premeditation or even that he did the crime.

He's got life without parole for this and honestly, it's obscene if you ask me.
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gloria
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« Reply #4 on: May 11, 2012, 03:02:38 PM »


This is definetely a really sad case. A complete travesty of justice to tell the truth. Still can't understand how this could even happen, Can't comprehend the "murder felony" charge that is putting innocent people in prison.  In some cases as young as 12 or 11 like Cristian's case. If someone thinks what is been done to Curtis and is being done to Cristian is justice, they have a very disturbing sense of what justice mean. This is just crazy, I can't find the words to express what I really feel. What a terrible injustice.
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gloria
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« Reply #5 on: September 28, 2012, 02:29:17 PM »


Political injustice

http://justice4juveniles.wordpress.com/2012/09/28/political-injustice/

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Curtis Shuler and his wife, Melissa, received bad news from the courts today when they learned that the 2nd district court affirmed the original court’s decision with regard to Curtis’s case.
 
Curtis was 16 when he was arrested for murder in Florida, but he was not tried until he was 21. Though the jury found decided, based on evidence presented, that he did not brandish a weapon or commit the offense in question, he was convicted and given the sentence of life without parole. I discussed his case at greater length in an earlier write up.

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