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Your understanding of the inequties of Florida's legal system is essential to providing justice for all. Our website titled "Fundamental Fairness" means "the balance or impartiality (of a court proceeding) that is essential to due process."

U.S. Senator Ted Kaufman: "Judge or court must call the game the same way for all sides".

Have you or anyone you know, lost their freedom because of a legal technicality, not related at all to the guilt or innocence of the individual (based on the issues of the case) but rather based on an arbitrary time limit of a legal procedural process.    

If you beleive that the judicial system is always
truly just, then please read on to correct your misunderstanding.

After having uncovered and presented “inviolable” and “persuasive” proof of an individual’s actual innocence should that person remain as unlawfully incarcerated for the rest of their life (or as in some cases, even be executed) just because their attorney failed to comply with a purely procedural technicality totally unrelated to guilt or innocence, like for example, when a state prisoner’s attorney fails to ensure a timely filing of their client’s federal habeas corpus petition? 

If you believe the answer is a resounding “no” please read on ! 
 Indeed, I can use your help. My name is Kris  Helton. The scales of justice are sometimes  pre weighted in favor of the state.
 
 While I was able to uncover and present, what the    federal courts have repeatedly found to be “invaluable” and “persuasive” proof of my actual, factual innocence, unanimously affirming Helton IV after similarly finding - on the merits - that Mr. Hooper, my attorney, was ineffective for failing to adequately investigate and present jurors with that “persuasive proof of my innocence unanimously reversing my first degree murder conviction - with directions to discharge me - after finding that the purely circumstantial evidence adduced at trial did not preclude the reasonable possibility that someone other than me, committed the crime hours earlier than alleged by the prosecution.

Mr. Hooper was per se ineffective for failing to use the exculpatory gastric contents evidence to show jurors that the event occurred shortly after a “light” dinner of chicken, rice and strawberry yogurt at 6:30 p.m. - and well before I arrived at home at 9:30 p.m.

Yet, I continue to remain unlawfully incarcerated for a crime I did not commit just because my privately retained attorney, Mel Black, failed to timely file my federal habeas corpus petition in accordance with the Antiterrorism and Effective Death penalty Act of 1996.

Reversing Helton IV on rehearing after reasoning that “because my federal habeas corpus petition is procedurally barred by the AEDPA’s one year statue of limitation, the federal courts need not consider whether Mr. Hooper was ineffective for failing to investigate and present with that “inviolable” and “persuasive” proof of my actual, factual innocence.

Finding -on the merits- that my “inexperienced” assistant public defender, Gerod Hooper, was ineffective for failing to adequately investigate and present jurors “inviolable” proof of my innocence - exculpatory gastric contents evidence - showing that I was not at the scene on Little Torch Key, Florida at the time of the actual event.

For legal details visit Background on this website by clicking on that category at the top of this page.