DueProcess
Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a clear and indisputable right to its issuance especially in light of the fact that the lower Federal and State Courts have ignored United States Supreme Court precedent?
QUESTION PRESENTED . The Petitioner has urged upon the Federal Courts an argument that presented . three issues. First, the Petitioner argued that trial counsel violated his right to the by not perfecting his right to appeal the discretionary aspects of his sentence. | Second, the Petitioner argued that the Superior Court and the PCRA Court violated | his Sixth of Fourteenth Amendment Rights by not granting him an appeal nunc pro . _tunc and by instead reviewing his case on the merits and stating that he need to . show prejudice as a result of counsel’s alleged ineffectiveness. Third, the | Petitioner’s Constitutional Rights by sentencing him in a manner that deprived him ~ of the right to due process. The case thus presents the following question: | Do exceptional circumstances exist in the Petitioner’s case that justify _ granting his Petition seeking a Writ of Mandamus when he has demonstrated a .. clear and indisputable right to its issuance especially in light of the fact that the . lower Federal and State Courts have ignored United States Supreme Court precedent? |