Whether the petitioner's constitutional rights of due process and equal protection were violated in the lower court proceedings

QUESTIONS PRESENTED FOR REVIEW g [I] THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE LOWER STATE AND FEDERAL "COURT DENIED THE PETITIONER OF MEANINGFUL APPELLATE REVIEW. SUBTITLES "A. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL ; PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO OVERRULE THE COMMONWEALTH'S PEREMPTORY CHALLENGES OF THE ONLY THO BLACK JURORS THAT WERE VOIR DIRED OUT OF. EIGHTY-NINE PROSPECTIVE , : JURORS. B. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL 5 PROTECTION OF THE LAW WERE VIOLATED WHEN IN THE ALTERNATIVE GIVE A. * CAUTIONARY INSTRUCTION WHEN THE PROSECUTOR IN HER OPENING STATEMENT _ MADE THE STATEMENT THAT "THE PERSON AND/OR PERSONS WHO MURDERED SHEILA GINSBERG HAD LEFT AND BEEN LONG GONE. " C. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO ORDER A MISTRIAL WHEN A COMMONWEALTH WITNESS DETECTIVE POTTS TESTIFIED THAT THE PETITIONER STATED THAT HE HAD GIVEN THE PHONY NAME BECAUSE: "HE AND HIS FRIENDS HAD BEEN SMOKING CRACK IN THE HOUSE." a D. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED WHEN IT REFUSED TO ORDER A MISTRIAL WHEN THE COMMONWEALTH LEARNED THAT SANDRA ~ , WILSON HAD :BEEN IN. THE BUCK COUNTY PRISON AT THE TIME WHEN: SHE 7 TESTIFIED THAT SHE HAD MADE CERTAIN OBSERVATIONS. . , , i fs E. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL , g , PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH KNOWLEDGE . OF PERJURED TESTIMONY MADE REFERENCES IN COMMONWEALTH CLOSING ALL DEFENSE WITNESSES. SHOULD BE VIEWED AS TAINTED, THE COURT ERRED BY REFUSING TO GRANT MISTRIAL OR GIVE CAUTIONARY INSTRUCTION TO THE JURY : ; F. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL . PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN NOT : GRANTING THE PETITIONER'S MOTION TO EXCLUDE NEGROID HAIRS AT THE : CRIME SCENE, AS THESE HATRS WERE FRAGAMENTS AND WERE NOT SUITABLE FOR COMPARISON TO ANY OTHER NEGROID HAIRS.OR TO ONE ANOTHER : , G. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE ; PROCESS AND EQUAL : PROTECTION OF THE LAW WERE VIOLATED WHEN THE ‘COURT ERRED IN NOT : SUPPRESSING STATEMENTS ALLEGEDLY MADE BY THE PETITIONER ON APRIL 2, ; 1991, MAY 2, 1991, AND JUNE 14, 1991, THE PROCEDURE AND PRACTICE OF “ MIRANDA WARNINGS WERE NOT GIVEN NOR PRACTICE, AND OBSTRUCTED JUSTICE H. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL : LO a PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH REFERRED TO ANOTHER DEFENSE WITNESS. WHO HAD BEEN GIVEN ON HUNDRED DOLLARS BY A ; PRIVATE INDIVIDUAL TO TALK TO THE POLICE, THE COURT ERRED BY. REFUSING : TO GRANT A MISTRIAL OR GIVE CAUTIONARY INSTRUCTION TO THE JURY , I. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL . . PROTECTION OF THE LAW WERE VIOLATED WHEN DURING D.A. GIBBONS' CLOSING THE COMMONWEALTH APPROACHED THE DEFENDANT ON ELEVEN OCCASIONS SHAKING ~ , . . AND POINTING FINGER WHILE MAKING CLOSING REMARKS IN THE COURTROOM ; BEFORE THE JURY, AND A MOTION FOR A MISTRIAL WAS OVERRULED, AND NO . . CAUTIONARY INSTRUCTION WERE GRANTED . “ J. THE . PETITIONER'S CONSTITUTIONAL RIGHT OF DUE PROCESS AND EQUAL j 7 PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED DURING THE : : COMMONWEALTH'S CASE, THE DEFENSE ATTEMPTED TO CROSS-EXAMINE BARRY GINSBERG ABOUT HIS SISTER SHARON GINSBERG VIOLENT ACTS TOWARD THEIR MOTHER SHEILA GINSBERG THE COURT SUSTAINED COMMONWEALTH OBJECTION AFTER SIDE-BAR . . K. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO PRESERVE ORIGINAL POLICE NOTES AND REPORTS THAT DEFENSE REQUESTED “PRIOR TO TRIAL WHEN ORIGINAL POLICE . . o ' NOTES AND REPORTS EXISTED, INTENTIONALLY DESTROYED NOT