First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with:
Since Defendant is seeking to withdraw her plea of guilty on the basis of newly discovered evidence, she will only be allowed to do so upon a showing of "manifest injustice.”
Since the circuit court judge didn't agree, we had a professional appeal filed for the same issue and amended the appeal with a second sentence manipulation issue. 1.5 years later, the professional appeal was Per Curium Affirmed by the District Court of Appeals. No opinion was given and we don't even think anyone read it.
We then file another professional Post Conviction Relief based on the facts of the record to provide the judge with what he asked for: a "manifest injustice". The manifest injustice was sentence manipulation and cruel and unusual punishment.
The circuit court issued an ORDER DISMISSING DEFENDANTS UNTITLED MOTION AS UNTIMELY. Again, we don't think anyone read it even though we cited the Judges request for a showing of a manifest injustice and titled the sentencing manipulation issue "MANIFEST INJUSTICE", emphasized using bold and capitals.
Can the judge ask for a manifest injustice then dismiss the motion? What should the defendant do next? Can we ask for a thorough review and opinion because she was providing what the judge asked for? Is the lower court required to read appeals and post convictions before filing a motion?