Jerry Simmons v. Darryl Vannoy, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of the United States
QUESTIONS PRESENTED Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of the United States in respect to; 1.) Failing To Consider Mr. Simmons’ “Constnictive Denial Of Assistance Of Counsel” Claim Under The Cronic Standard Opposed To The Strickland Two Prong Test, Where Counsel Provided No Actual Assistance Towards Mr. Simmons’ Defense And Maintained Relationship With Victim? 2.) Denial Of Mr. Simmons’ Fundamental Right Of Self-Representation At The Critical Pretrial Stages Of The Proceedings? 3.) Not Applying Structural Error Doctrine, Requiring Automatic Reversal In Respect To Claims Of Constructive Denial Of Assistance Of Counsel; Denial Of Self-Representation and Being Tried By A Bias Judge? : 4.) The Denial Of Mr. Simmons’ Sixth Amendment Right To Present His Defense : Including His Accompanying Rights Of Assistance Of Counsel For His Defense, Compulsory Process, His Request To Change His Plea And Combination Defense, And Request For Expert In Field Of Psychiatry Crucial For His Insanity Defense? 5.) Mr. Simmons‘ Claim Of Being Tried By A Bias Judge, Where Judge Acted As Part Of The Prosecution Team; Denied Indigent's Request For Expert, Informing Him Expert Was Not Available For Him; Ruled On Defendant's Sanity At Time Of The Offense; Misstated Facts And Facts Of Law In Denying Mr. Simmons' Defense And Other Request? , These questions ace worthy of this Honorable Court’s review, needed to settle disputes as to whether or not Mr. Simmons’ fundamental rights as explicitly and/or implicitly determined by the United State's Supreme Court were violated in obtaining his conviction. i