Brian Simmons v. Michael Capra, Superintendent, Sing Sing Correctional Facility
DueProcess HabeasCorpus
Whether petitioner's justification defense was lost amongst the volume of prosecutors' use of false or perjured testimonies that went uncorrected
Questions Presented 1) Whether, petitioner's justification defense was lost amoungest the volume of prosecutors use of false or perjured testimonies that went uncorrected. 2) Whether, the redacted Police Narrative Report #3 violated the petitioner's Due Process of Law. 3) Whether, counsel's failure to inform the Court of Peoples failure to disclose material evidence, that was the alleged victim excuse for being shot, denied defendants due process right to a fair and impartial trial. 4) Whether, counsel's failure to investigate, and correct prejudicial testimony amounted to egregious ineffective assistance of counsel. ; 5) Whether, the Second Circuit failed to conduct the sort of "careful examination" required to establish that prior judicial review was not considerate to pro se litigant arguments briefed. 6) Whether, prosecutorial misconduct described violated petitioner's due process of law. 4 7) Whether, clearly exposed solicitations of perjured testimony constitute Fraud on the Court. "LAST OF PARTIES ; 7 : i [ ] All parties appear in the caption of the case on the cover page “ . [x] All parties do not appear in the caption of the case on the cover page. A list of all parties to-the proceeding in the court whose judgment is the subject.of this _ . petition is as follows: _ . Brian Simmons, ~ . , ; Petitioner Appellant, , oo, Superintendent , 'Respondent Appellee, a ; . | The. People of The State of New York, ; . / : Respondent . a & : : uo