Jailhouse Lawyer Helps Reverse Conviction

By TChris, Section Court Decisions
Posted on Sat Jun 14, 2008 at 06:54:56 PM EST
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Much of the time, "jailhouse lawyers" give lousy advice. Sometimes they get it right. Allen Penoyer, a 68 year old lifer, helped fellow inmate Jeffery Sipple challenge his manslaughter conviction.

Penoyer, using a blue ballpoint pen and blank sheets of white paper, challenged Sipple's conviction on the grounds that his attorney, Michael Connell, allowed the jury to hear an invalid instruction that negated Sipple's self-defense argument. "He studied it, and sure enough, they violated my rights," Sipple said.
The 5th District Court of Appeal agreed in December and granted Sipple a new trial.

Sipple's family chipped in to hire a lawyer from Tampa to argue Sipple's appeal. Freed from prison after serving four years of a twelve year sentence, Sipple struck a new deal that will allow him to remain free if he obeys the terms of his probation. He's moved to Indiana, and his goal now is simple.

"I'm trying to start over and keep a low profile," he said.

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Jailhouse Lawyer Helps Reverse Conviction | 6 comments (6 topical)

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Justice (5.00 / 1) (#2)
by chopper on Sat Jun 14, 2008 at 10:57:42 PM EST

It's heart-warming to hear about someone who is given a second chance.

This one sounds like a good line for a movie.

In CA there are way too many people locked up for way too long based on the mandatory sentencing laws. It's barbaric and inhumane.

But, I don't understand why the Republicans don't see the fiscal side of the argument. CA is going bankrupt, health services are drastically cut, education is cut, safety services are cut, and so on....when all they have to do is start releasing some of the inmates based on good behavior, or having served more than enough time already, or being in for non-violent crimes.

All they are doing is breeding more crime. When you take a young man who is basically a good person who made a big mistake and sees that and is remorseful, you should not lock him up for more than a few years with hardened criminals so he can learn how to commit more and worse crimes, and be abused to the point of turning him into an animal. And then finally release him and expect him to be a productive and sociably acceptable person. After a certain point you have ruined this person.

So, the Republicans are not only heartless, they are stupid. They are wasting taxpayer's money that could be used on more important issues, like healthcare or education. And, they are creating more hardened criminals who are a greater danger to society. That's not fighting crime, that's breeding crime.

Florida is not the place to be incarcerated due in (none / 0) (#1)
by gish720 on Sat Jun 14, 2008 at 09:36:00 PM EST

large part to our Governor, Charlie Crist, who is knows as "Chain Gang Charlie" here in Florida, I'm glad Mr. Sipple made off for Indiana.

To be fair... (none / 0) (#3)
by jccamp on Sun Jun 15, 2008 at 02:31:43 PM EST

it should be noted that Sipple's defense was that he shot his live-in girlfriend accidentally during a struggle. 3 times. He left her body where it fell for 2 days, and then went to a relative's, who called the police. He could not explain why he failed to call for paramedics or the police to report the accident.

The State was ordered to give Sipple a new trial, because Sipple's original trial attorney was ineffective for not objecting to a jury instruction about self-defense and forcible felonies. The attorney testified that he was aware of previous case law on point, but said that Sipple was claiming not guilty by self defense, and also not guilty because the shooting was accidental. The DCA said that the record of the trial did not support any defense but self-defense, and based on that defense, the jury instruction was improper.

Sipple is 63 years old.

The victim's friends testified that the long-time relationship between victim and defendant was "souring" and that Sipple had become abusive. This testimony would have been excluded in a new trial as heresay, since the friends were repeating what the victim told them. Since the victim was not available for cross-examination (because the defendant shot her three times), her statements were not admissible.

Rather than risk losing a new trial, the State offered a pleas as noted above.

I am sure that both prosecution and defense raised other issues or presented other relevant testimony during the trial, but I can's find anything on-line except the 5 DCA opinion and news reports.

This has nothing to do with Florida's governor, and it does not strike me as heart-warming, especially if you were related or friends with the victim.

: sipple's lack of conviction (none / 0) (#6)
by tiffsfriend on Tue Jun 23, 2009 at 11:53:42 AM EST

thank you for your comment. as one of the friends who found who knew and loved tiffany, and found her lifeless body, i know that there was a lack of justice in this case. i was, and still am appalled. the system failed us....

oops (none / 0) (#4)
by jccamp on Sun Jun 15, 2008 at 02:33:05 PM EST

"offered a plea..."

What I get for not proofreading.

Advocates for justice (none / 0) (#5)
by diogenes on Sun Jun 15, 2008 at 09:50:48 PM EST

Perry Mason used to say that lawyers are meant to be agents of justice, not agents of the defense or prosecution. Maybe four years plus probation is just for this crime, but a straight acquittal would have been a bit much.