DueProcess CriminalProcedure
Was defendant denied his constitutional right to counsel at his sentencing and restitution hearing; constituting a void sentence and restitution order?
QUESTIONS PRESENTED ARGUMENT I. : WAS DEFENDANT DENIED HIS CONSTITUTIONAL RIGHT TO COUNSEL AT HIS SENTENCING AND RESTITUTION HEARING; CONSTITUTING A VOID SENTENCE AND RESTITUTION ORDER? ARGUMENT II. WAS DEFENDANT DENIED HIS SIXTH AMENDMENT RIGHT TO MAINLY TO CONTROL HIS OWN CASE AT TRIAL? ARGUMENT III. DID DEFENDANT SUFFER A VIOLATION OF HIS FOURTH AMENDMENT RIGHT TO A PROMPT ; ARRAIGNMENT WHERE THE STATE COURT RENDERED A VOID JUDGEMENT AND SENTENCE DUE TO A RADICAL JURISDICTIONAL DEFECT? ARGUMENT IV. : IS DEFENDANT ENTITLED TO A/ FRANK'S HEARING WHERE THE STATE TRIAL COURT LACKED JURISDICTION; THEREBY RENDERING THE JUDGMENT AND SENTENCE VOID DUE TO THE AFFIANT'S FALSE STATEMENTS AND OMISSIONS IN HIS” AFFIDAVIT? ARGUMENT V: WAS DEFENDANT'S CONSTITUTIONAL RIGHTS TO (1) TRIAL BY JURY, (2) TO A JURY VERDICT OF GUILT BEYOND A REASONABLE DOUBT, AND (3) TO AN IMPARTIAL JUDGE, VIOLATED DUE TO THE TRIAL JUDGE'S IMPROPER JURY INSTRUCTIONS AND DEFECTIVE JURY VERDICT FORM; RESULTING IN A DUE PROCESS OF LAW VIOLATION AND A VERDICT REACHED WITHOUT JURISDICTION RESULTING IN A VOID JUDGMENT AND SENTENCE?