James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility
DueProcess FifthAmendment HabeasCorpus Jurisdiction
Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conflict with decisions of other United States Court of Appeals and this Court's own decisions on these same important matters
QUESTIONS PRESENTED Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State : Court of last resort, have entered a decision in conflict with decision’s of other United States Court of Appeals and this Court’s own decisions on these same important matters. These other courts have so far departed from accepted and usual course of judicial proceedings, as to call for . an exercise of this Court’s supervisory power: : I. _ Pello was denied effective assistance of trial and appellate counsel as guaranteed by the ) Sixth and Fourteenth Amendments to the U.S. Constitution. In that there was a complete .. : failure to ensure that the jury returned unanimous jury verdicts which amounted to _ fundamental error. ; . I. Due to the seriousness of said charges filed against Pello the State of Indiana in the Elkhart area violated the petitioner’s Fifth, Sixth, and Fourteenth Amendments of the : ; United States Constitution to Due Process. In that there was a complete failure to ensure, Defendants Due Process Rights were protected. ; i