Nguyen Vu v. Sandy L.V. Byrd, Judge, Court of Common Pleas of Pennsylvania, First Judicial District, et al.
DueProcess HabeasCorpus CriminalProcedure
Whether Petitioner's constitutional rights to due process under the Fourteenth Amendment were violated
QUESTION PRESENTED Whether Petitioner's constitutional rights to due process under the Fourteenth Amendment to the United States Constitution were violated when Judge Sandy L.V. Byrd, trial judge, is a former assistant district attorney (16a) who sat, without a jury, in a case involved. family member of an assistant district attorney. : . ~ Judge Byrd prevented trial counsel from questioning Kegel concerning his admission of prior hate crimes; Judge Byrd attained a false verdict; _ Judge Byrd hid or destroyed all trial exhibits because they are damaging to the district attorneys and their family; Judge Byrd made false statements at sentencing and in his Opinion filed on 3/6/2009; Judge Byrd omitted from his Opinion evidence of trial prosecutor's subornation of perjuries and complaining witness's admission of perjuries at the preliminary hearing and trial; Judge Byrd did not report trial prosecutor to the Disciplinary Board for her misconducts, criminal conducts; . Judge Byrd did not refer the complaining witness and his son to the District Attorney's Office to prosecute them for perjuries; Judge Byrd refused to recuse himself from the case on PCRA proceeding; On PCRA appeal Judge Byrd appointed a law clerk without malpractice insurance to represent Petitioner; Judge Byrd refused to produce five color photos of Kegel's car when ordered by the Superior Court; ; Judge Byrd usurped the power of the President Judge to deny ; the Motion for Recusal En Banc; Judge Byrd procured Daniel V. Cerone, ADA, to file a brief in the case; Judge Byrd dismissed Petitioner's PCRA petition in direct conflict with incontrovertible evidence to continue covering up his crimes and the crimes of the district attorneys and their family. : i