Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al.
DueProcess FirstAmendment Punishment HabeasCorpus
Whether the state deprived petitioner of his guaranteed right to a fair trial
QUESTIONS PRESENTED FOR REVIEW : I. WHETHER THE STATE DEPRIVED PETITIONER OF HTS GUARANTEED RIGHT TO A FAIR TRIAL WHEN TT PERMITTED THE PROSECUTION INTO INTRODUCE To THE TRIAL JURY A BUNCH OF GUNS, ~ DRUGS, DRUG PARAPHERNALTA, AND A WHITE MANUAL, (WRAM") FOUND AT PETITIONER'S HOME, IN LIGHT OF THE MATERIAL FACT THAT THESE EXTREMELY PREJUDICTAL ITEMS WERE UNRELATED TO THE CASE, HAD NO RELEVANCE TO THIS CASE AND WAS SIMPLY INTRODUCED FOR THE SPECIFIC PURPOSE OF STRIPPING PETITIONER OF HTS "ACTUAL INNOCENCE" INFLAMING THE JURY WHILE CASTING PETITIONER AS A BAD PERSON, WITH VIEWS THAT MANY OF THE JURORS MAY HAVE FOUND TO BE OFFENSIVE AND NOT SHARED BY THE MASSES: THEREFORE ENTITLING PETITIONER TO HARFAS RELTFF, THE GRANTING OF A NEW TRIAL AND/OR REMANDING THIS MATTER TO THE DISTRICT COURT FOR AN EVIDENTIARY HEARING IN ACCORDANCE, WITH , ; TOWNSEND, MARTINEZ, STRICKLAND, MeMANN AND THE SIXTH AND FOURTFENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION? IT. WHETHER PETITIONER MFT HTS BURDEN OF FSTABLISHING A PRIMA FACIE CASE THAT HF WAS DEPRIVED OF HIS GUARANTEED RIGHT TO "THR EFFECTIVE, ASSISTANCE OF COUNSEL" WHEN COUNSEL FAILED TO ADVISE PETITIONER THAT HIS REJECTION OF THE 15-30 YRaRS IMPRISONMENT PLEA OFFER COULD RESULT IN A MORE SEVERE PUNISHMENT, TF FOUND GUILTY, THUS, VIOLATING : LAFLER, FRYE, MARTINEZ, STRICKLAND, McMANN AND THE SIXTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION ENTITLING PETITIONER TO HAREAS RELIEF, THE GRANT OF A NEW TRIAL AND/OR REMAND FORAN EVIDENTTARY HEARING TN ACCORDANCE. WITH TOWNSEND AND MARTINEZ, THE SIXTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITIUTION . AND FOR A FAIR AND FULL OPPORTUNITY TO DEVELOP A FACTUAL RECORD To SUBSTANTTATE HIS CLAIMS? SUGGESTED ANSWERS: YES. ;