Wesley G. Copeland, Sr. v. Kansas
DueProcess FourthAmendment Securities
Did the Kansas Court of Appeals err in their analysis of the undisputed violation of a criminal defendant's Constitutional Due Process right to be present at a critical stage of the trial, at which the defendants presence and participation would have contributed substantially to the fairness and out come of the proceeding, and therefore erred in affirming the judgement of the district court?
QUESTIONS PRESENTED ; Question A: oo, . Did the Kansas Court of Appeals err in their analysis of the undisputed violation of a criminal defendant’s Constitutional Due Process right to be present at a critical stage of the trial, at which the defendants presence and participation would have contributed substantially to the fairness and out come of the proceeding, and therefore erred in affirming the judgement of the district court? . %° Question 1: — ; “ * Was it structural error to deprive a criminal defendant of the Constitutional Due Process right to be |" present at a critical stage of the trial, at which the defendants presence and participation would have “ contributed substantially to the fairness and out come of the proceeding, when the defendants absense had “a profound effect on the framework within which the trial progressed? . i Question 2: Did the Kansas Court of Appeals incorrectly perform it’s harmless-error analysis of the undisputed _ ’ violation of a criminal defendant’s Constitutional Due Process right to be present at a critical stage of the . trial? : Oe , Question (a): , oo Did the Court of Appeals fail to consider all of the statutory language of KSA 22-3402 during ; their harmless error analysis? a Question (6): . . oe Did the Court of Appeals inappropriately abandon the precedents established in controlling case ; law, without properly providing rational and explination to support such a departure, during _ their harmless-error analysis? Question (c): , . Did the Court of Appeals inappropriately engage in burden shifting in their harmless-error . "analysis? oo, Question (d): Did the Court of Appeals incorrectly deem this undisputed violation of a criminal defendant’s ~ . Constitutional Due Process right to be present at a critical stage of the trial, to be “harmless_ error” when it was, in fact, suffeciently prejudicial to warrant relief? . Question B: . 7 ‘Did the Kansas Court of Appeals violate petitioners Constitutional Right to Equal Protection of Law when it abandoned the complete plain language and unambiguous legislative intent of the states speedy trial statute, for the express purpose of denying a criminal defendant warranted relief, in a maner that is not supported by the established precedents of controlling caselaw?