Did flaws in the FBI's CODIS DNA database prejudice the defendant and lead to a guilty verdict?

QUESTIONS PRESENTED 1. DNA, NEW EVIDENCE : ; a. Did flaws in the FBI’s CODIS DNA database prejudice the defendant and lead to a guilty verdict? b. Is the discovery of flaws in the database “new” evidence that could not have been raised on direct appeal? ; : c. Are the federal district court and appellate court permitted to deny a petitioner’s claims without giving any justification as to why? d. Is it acceptable to deny a petitioner’s claim, without assessing the strength of that claim, by focusing on “other evidence” of guilt? e. Should an evidentiary hearing have been ordered? 2. JURY VERDICT NOT UNANIMOUS : ; a. Was defendant denied his right to a unanimous verdict as guaranteed by Ohio rule and the United States Constitution? ; b. Is it cruel and unusual punishment to sentence a defendant to life in prison with es deciding whether he was or was not the principal offender in the murder? : c. Was defendant’s trial counsel ineffective for failing to object to the contradictory verdict? : 3. COLLUSION, CONSPIRACY AND FRAUD . . a. Petitioner has unrefuted proof of deliberate, malicious collusion between defense . ; counsel and prosecution. Should this result in a void trial? b. Does this qualify as a manifest miscarriage of justice? , c. Can counsel’s collusion this be used as evidence of innocence? d. Did the state of Ohio and defense counsel violate the attorney-client privilege? 4. INEFFECTIVE ASSISTANCE OF COUNSEL, TIME OF DEATH a. Does the time-of-death evidence prove that the defendant could not have committed the murder? ; . b. Was defense counsel ineffective for failing to present the time of death evidence? 5. IMPROPERLY ADMITTED E-MAIL a. Was the state’s failure to provide original e-mail printouts a violation of Brady v. Maryland? b. Did this violate defendant’s constitutional right to due process which is not satisfied where a conviction is obtained by the presentation of evidence known to the prosecuting authorities to be inauthentic. c. What guidelines help judges determine whether e-mail printouts are authentic? . Many judges are not particularly tech-savvy and can not distinguish between what is real and what is fake. The Supreme Court needs to offer guidance. d. Did the trial judge abuse his judicial discretion when he ruled the e-mail printouts inadmissible and later changed his ruling in order to avoid a mistrial? 6. ALTERNATE JUROR IN DELIBERATIONS . L a. Does the presence and participation of an alternate juror in jury deliberations void the trial result? b. Is the presence and participation of alternate jurors in deliberations and error that can be cured with an instruction, or is a new trial automatically required? c. Was the curative instruction given to the jury a sufficient remedy? 7. INADEQUATE STATE REMEDY, PAGE LIMITS ON APPEAL BRIEFS a. Under what circumstances is an appellant entitled to a longer brief? b. When an appellant is denied his request for a longer brief in state court, can that excuse procedural defaults in federal habeas corpus? c. What constitutes a “full and fair” opportunity for an appellant to present his issues? 7 . th