Jose Garcia Mejia v. Shawn Hatton, Warden
DueProcess HabeasCorpus
Were Petitioner's constitutional Rights violated during trial?
QUESTION(S) PRESENTED Were Petitioner's constitutional Rights violated during ; trial? When Petitioner had no relastic chane of prevailing and . the record was silent as to whether He understood. This is a reversible error because the Trial Court failed to advise him of the full panoply of constitutional rights he was waiving. See: Argument's one and two, in which petitioner presents the issue that is unresolved by the Cjourt's previous pronouncements as : to whether the test of prejudice when a defendant is not adequately advised of his constitutional rights following a BUNNELL, plea is whether the record adequately demonstrates that he would not have waived his Rights, if he had been aware he would likely be convicted. . Also, were the Rights afforded to a State Prisoner to ; file federal writ of habeas corpus petition raising constitutional violations made void by the Court for lack of adminis strative processing ina timely fashion and thereby the time to file a timely petition under AEDPA lapsed. Should the Petitioner be made to bare the weight of this error? and hence lose his Right afforded under the due process clause : of 5th and 14th amendments of the U.S. const.?