Nathan Smith III v. Sherry Pennywell, et al.
Environmental SocialSecurity Securities Immigration
Did the CCA so stretch the facts in this case so unreasonably that no deference could be possible to its interpretation of what occurred in the taco restaurant parking lot and the case should be examined de novo because of that satisfaction of the 2254(d)(2) exception?
QUESTIONS PRESENTED 1) DIDTHECCA SO STRETCH THE FACTS IN THIS CASE SO UNREASONABLY THAT NO DEFERENCE COULD BE POSSIBLE TO ITS INTERPETATION OF WHAT OCCURRED IN THE TACO RESTAURANT PARKING LOT AND THE CASE SHOULD BE EXAMINED DE NOVO BECAUSE OF THAT SATISFACTION OF THE 2254(d)(2) EXCEPTION ? 2) WAS TRIAL COUNSEL PREJUDICIALLY INEFFECTIVE IN FAILING TO IMPEACH THE PROSECUTION CASE WITH POLICE TESTIMONY THAT THE “VICTIMS” WERE ACTUALLY THE AGRESSOR’S IN THIS CASE? 3) DID CUMULATIVE ERROR DENY APPELLANT A FAIR TRIAL? -i