Deondre D. Romero v. Darrel Vannoy, Warden
DueProcess HabeasCorpus CriminalProcedure
Whether Petitioner's Fourteenth Amendment right to a fair and impartial trial was violated
QUESTION(S) PRESENTED 1) Whether Petitioner's Fourteenth Amendment night to a fair and impartial tial was violated : when the prozecuter elicited false testimony from the victim and allowed the victim to give false answers to questions posed to her by defense counsel? 2) Whether Petitioner's Sixth and Fourteesth Amendment rights to effective assistance of connsel and to present evidence in his defense were violated when his: Sobclsim One: Trial counsel failed to request. a mistrial afler the prosecutor misled defense counsel and the court during opening statement that the victim's sider would testify, and recited her purported testimony, but never produced her as an actual witness. Subclaim Two: Trial counsel failed to properly utilize the victim's prior inconsistent . stalements to impeach her credibility. Subclaim Three: Trial counsel failed to obtain exculpatory documents from the Office of Community Services (OCS) regarding an investigation of a. complaint. of physical abuse which led OCS officials to conduct routine visite with the victim and her siblings at their home and school between March and April of 2009. Subelaim Four Trial counsel failed to call witnesses to testify at trial who were present daring the times of the alleged offenses and who wouid have testified that petitioner . could wot have lured the victim im a room and rape her six times without their knowledge. Subeclaim Five: Trial connsel refused to permit petitioner to testify in his own defense, after counsel failed to call any of his witnesses, and he insisted te counsel that he wanted to provide a rational explanation for the false accusation made against him by the victim 3) Did the State present sufficient evidence to support the finding of gnilt in this case? 4) Js the Petitioner deprived of his Fourteenth Amendment right to a fair trial based on the accumulation of errors committed during his trial? 4