David D. Ewing v. Ronda Pash, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellate proceedings?
QUESTIONS PRESENTED 1. Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellate proceedings? 2. Whether a State Appellate Court's holding that an instructional error was not trial court error, but ineffectiveness of trial counsel, a “judicial admission" sufficient for the purposes of a claim of ineffective assistance of trial counsel? 3. Whether an instruction requiring a petitioner to prove that he was in "imminent" danger from not one person, but both assailant's to justify self-defense constitutionally sound? 4. Whether a rationale trier of fact could have found the required elements of both murder and assault, when viewed in the light most favorable to the prosecution, when the prosecutions own evidence pointed to self-defense? 4a