Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison
DueProcess CriminalProcedure HabeasCorpus
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
QUESTIONS PRESENTED 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the United States Supreme Court Ruling in Duncan v. Louisiana, Lewis v. United States and Illinois v. Allen in Failing to Protect Petitioner's Right to be Present at All Critical Phases of His Trial. 2.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated His Constitutional Rights to a Fair Trial by an Impartial Jury by the Admission of Inflammatory and Unduly : Prejudicial Evidence. 3.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that .the Trial's Judge Failure to Instruct the Jury on Reckless Manslaughter as a Lesser-Included Offense of Murder, and Failure to Instruct the Jury on Theft as a Lesser-Included: Offense to Robbery was Plain Error. 4.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the Trial Counsel's Failure to Object to Evidence of Prior Wrongs ; Violated His Right to Effective Assistance of Counsel. , . LD ° di