Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility
Securities Immigration
Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of conspiracy was improperly converted to a non-existent crime of kidnapping
QUESTION(S) PRESENTED . . ; 1.. The state court failed to return defendant to the courtroom : , upon receipt of two substantive jury notes; the second note requestiing the definition of conspiracy, of special concern as the actual charge, conspiracy, had been converted to a non-existant kidnapping throughout the trial. The first note, requesting all permisable exhibits was complied with, but ‘concaeled from defendant, counsel, transcript and court record. 2. The actual charge, conspiracy, was converted to a far moreheinous and non-existant crime, kidnapping, without correction by the court : or defense counsel. _ . . . 3. An inaudible wire recording (CD) and replacement testimony by a . . . jailhouse informant. That inmate had been exposed committing perjury , after testifing that he was not receiving anything in return for his testimony. After my conviction his six open charges, disappeared . from his record. , .4. Actual Innocence; I was convicted of-a fabricated and non-existant crime. — I was also convicted of solicitation, even though that charge _ . had never been addressed at any time during the trial. If there was . never any crime committed, I have’ to be “innocent. .