Jeffrey Akard v. Robert E. Carter Jr., Commissioner, Indiana Department of Correction
DueProcess FifthAmendment HabeasCorpus
Was Petitioner's 94 year sentence for rape related charges based only on accuser's testimony, in violation of Fifth-Amendment-Due-Process, warrant habeas-relief when the state violated trial-court's-order-on-Discovery and withheld Brady-materials to exculpatory-evidence, impeaching-evidence, 412-Rape-Shield-law-conflict, 403/404(b)-evidence
QUESTION(S) PRESENTED Was Petitioner's 94 year sentence for rape related charges, : _ based only on accuser's testimony, in violation of-Fifth Amendment Due Process rights warrant habeas relief when the state violated : . trial court's order on Discovery and withheld Brady materials to: ' exculpatory’ expert medical evidence, impeaching evidence in the accuser's past rape allegations. not disclosed the blocked by 412 Rape Shield law conflict, no pre-trial disclosure of 403/404(b) _ evidence or of state held rebuttle evidence? . : ; Was. trial ineffective under this — : ; : Court's standards in Strickland. by failing to investigate and , . present to the jury exculpatory expert medical evidence} use ; 8 impeaching, rebuttle and mitigating evidence because he ; ° : : . believed the case was'’over at nolle prosequi order and never 7 investigated or gained rebuttle evidence against 403/404(b) : . . exhibit; and did appedlate counsel fail to raise these significant : claims on appeal, which establishes excuses for procedural default? : pia the lower courts commit reversible err:denying Petitioner ; : : § 2254 and state Post-conviction motions without conductifng an evidentiary hearing to resolve the factual disputes, conflicts : : ; with issues of law, sentencing errors and denial of every discovery . yequest as "moot" because the courts held no hearings? . 7 , . : ;