Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections
DueProcess HabeasCorpus
Was the petitioner denied her right to a fair trial and effective assistance of counsel?
QUESTION(S) PRESENTED ; I. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN : THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETITIONER DENIED HER RIGHT TO EFFECTIVE ASSISTANCE OF CUONSEL WHEN COUNSEL FAILED TO OBJECT TO CLOSING ARGUMENT? II. DID COUNSEL FALL SHORT OF HIS CONSTITUTIONAL DUTY TO EFFECTIVELY REPRESENT THE PETITIONER WHEN HE INFRINGED UPON HER RIGHT TO TESTIFY? Ill. COULD COUNSEL HAVE PROTECTED THE PETITIONER'S _ CONSTITUTIONAL TO EFFECTIVE ASSISTANCE OF COUNSEL BY INVESTIGATING AND PRESENTING EXPERT WITNESS? IV. WAS COUNSEL INEFFECTIVE FOR FAILING TO ASSERT THE PETITIONER'S SPEEDY TRIAL TIME; DENYING HER UNITED STATES CONSTITUTIONAL RIGHTS? V. DID UNOBJECTED TO HEARSAY PREJUDICIAL EVIDENCE DENY THE PETITIONER OF HER CONSTITUTIONAL RIGHT TO A FAIR TRIAL AND EFFECTIVE ASSISTANCE OF COUNSEL? VI. WAS COUNSEL INEFFECTIVE FOR FAILING TO OBJECT TO JURY INSTRUCTIONS; DENYING THE PETITIONER OF HER CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL? VU. WAS THE PETITIONER DENIED HER CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO PRESENT EXTRINSIC EVIDENCE? VII. DID THE CUMULATIVE EFFECT OF ERRORS AND INEFFECTIVE ASSISTANCE OF COUNSEL DEEM THE PETITIONER'S TRIAL FUNDAMENTALY UNFAIR WHICH RESULTED IN A MANIFEST INJUSTICE?