On June 3, 2016, Judge J. Randal Hall orders case 1:16-cv-00034 closed without Attorney General Sam Olens' input.
On June 15, 2016, a representative from Sam Olen's office returned my phone call to confirm that their office provided NO INPUT regarding this case. The representative suggested going through the 11th Circuit, but Michael C. Blocker says that the 11th circuit told him to go through the Federal Habeas process because of the missing trial transcripts and (unlawful) guilty plea.
Judge J. Randal Hall knew that Michael C. Blocker had filed previous habeas petitions over last several years when he granted Michael C. Blocker an opportunity to object to Magistrate Brian K. Epps' Report and Recommendation to deny Michael C. Blocker a hearing.
In previous filings, Michael C. Blocker was not able to effectively present his defense. Now, in 2016, he has been properly briefed on court errors surrounding his case, and he is now ready to present his defense:
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
CV 116-034
MICHAEL CHRISTOPHER BLOCKER,
Petitioner,
v.
FNU HALL, Warden and
SAM OLENS, Attorney General of the State of Georgia,
Respondents.
-------------------------------------------------------------
OBJECTIONS to MAGISTRATE JUDGE’S REPORT
-------------------------------------------------------------
COMES NOW Petitioner Blocker with objections to Magistrate Judge’s Report and Recommendation ordered April 18, 2016.
BACKGROUND
Pursuant to 28 U.S.C. § 2254 (b) (1) (B) (ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
The Magistrate Judge’s Report and Recommendation Background statements are inaccurate/incorrect in at least two occurrences.
I. Report states that Petitioner pled guilty to all three charges: burglary, kidnapping, and rape.
II. Report states that Petitioner filed his first § 2254 petition on April 26, 2012. Blocker v. Danforth CV 112-064
The DNA Report from the Georgia Bureau of Investigations only shows an “external” vaginal (burglary) DNA match. THE DNA Report does NOT show an “internal” vaginal (rape) DNA match.
DISCUSSION
Based on the sentencing transcript for case 2007-RCCR-00181, Document no. 1
I, Petitioner Blocker, had been found competent to stand trial, but I was incompetent to plead guilty based on being under the influence of medication.
THE COURT: Are you under the influence of any drugs, medicine or alcohol today?
THE DEFENDANT: No, sir. I take medication.
THE COURT: Beg your pardon?
THE DEFENDANT: I take medication, but I don’t think it influences me.
No medical expert was present to confirm competency to plead guilty.
In addition, I never verbally stated that I committed rape nor kidnapping.
MS. WRIGHT (A.D.A.): Judge, the Defendant would need to admit his guilt. There’s a lot of if I did it in his statement. He would need to admit that he actually committed these crimes in order for the Court to accept his plea.
The judge then asked did I commit the crime. Again, while under the influence of medication, I assumed that the crime that the judge was referring to was burglary not rape.
THE COURT: But he has pled guilty to the offense. You are pleading guilty to the offense?
THE DEFENDANT: Yes, sir.
THE COURT: And you admit that after hearing that testimony that you did it; is that correct?
The DEFENDANT: Yes, sir
This guilty plea was unlawful due to incompetency to plead guilty and never stating that I raped nor kidnapped anyone.
Furthermore, my first § 2254 petition was on December 16, 2010 Blocker v. Danforth 2010-CV-2368 Lowndes County, Georgia. Document no. 2
In addition, The sentencing transcript, Document no 1, p.10 mentions that a DNA expert from the Georgia Bureau of Investigations was never called during the prior two days of trial.
MS. WRIGHT (A.D.A.): I believe that we do not need to go any further in establishing factual basis, as the Court has heard the evidence and the Court, of course is aware we would be providing a DNA expert from the Georgia Bureau of Investigation crime lab to indicate that there is a match to the defendant or his identical twin.
If the DNA expert had been called to the stand then the DNA expert could have explained the “burglary DNA match,” but the report did NOT support a “rape DNA match.”
CONCLUSION
Based on inaccurate BACKGROUND information within the April 18, 2016 Magistrate report, the DISCUSSION is MOOT as well as the CONCLUSION is MOOT. This civil action should be GRANTED.
Michael Christopher Blocker
CERTIFICATE OF SERVICE
I certify that on or before May 21, 2016, I mailed/filed the foregoing via USPS to:
Attorney General Sam Olens
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Ga 30334
*end of text of document filed on May 19, 2016
Michael C. Blocker deserves a hearing in a different county. Richmond County/Augusta, GA is incapable of allowing justice to prevail.
Despite the "snail mail" of the State Prison System and the additional mailroom delivery challenges, Michael C. Blocker met the deadlines and provided credible instances of prosecutorial misconduct, but Judge J. Randal Hall only cares about covering up for his cronies.
#exonerateMichael
The 2010 CV 2368 Habeas case number was reassigned to a unrelated 2012 case by Judge Susan S. Cole then she retired from the bench a few days later.
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