DueProcess HabeasCorpus Punishment
Is the state required to provide a defendant a forum to litigate a due-process claim
QUESTIONS PRESENTED FOR REVIEW 1. Is the state required to provide a defendant a forum to litigate a due process claim that can only be effectively presented by combining the records of both the direct appeal and the collateral appeals because the prejudice of the direct appeal error was contained in the collateral appeal and not part of the direct appeal record? IL. If a state supreme court releases an opinion which, if rendered before rather than after a defendant’s appeal, would have mandated the ordering of a new trial for that defendant and did not constitute new law, must that state allow the defendant the ability to present his case under the more recent precedent? i