Brian William Schumaker v. Hector Joyner, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the lower courts erred in recharacterizing and failing to fully consider the petitioner's constitutional claims of actual innocence and theory of defense instructions
QUESTION(S) PRESENTED I. WHETHER the lower courts, hearing the petitioner's Constitutional claims of "actual innocence" and "theory of defense’ instructions delivered to the trial jury, ERRED Constitutionally by repeatedly recharacterizing and deliberately FAILING to judicially notice the petitioner's actual -questions, or providing full prudential consideration to those Constitutional claims? ; II. WHETHER the petitioner is Constitutionally entitled to have the defense proposed instruction, that a full statement of.. ‘"'the Law" on the "theory of defense' be included in the court's charge to the jury; and whether the court's neglect to deliver such full statement is sufficient reason for reversal?