Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections
DueProcess
did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial
QUESTION(S) PRESENTED 1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL, THUS DENYING HIM THE ONLY EVIDENCE THAT WAS AVAIABLE TO PROVE HIS INNOCENCE? , 2. DID TESTIMONY OF THE DNA EVIDENCE THAT WAS DESTROYED PRIOR TO TRIAL CONSTITUTE INADMISSIBLE HEARSAY DENYING PETITIONER HIS CONSTITUTIONAL RIGHT TO CONFRONTATION? _ 3. DID THE STATE TRIAL COURT RELY ON IMPERMISSIBLE FACTORS TO INCREASE THE SENTENCE IN THIS CASE? 4. DID THE TRIAL COURT VIOLATE THE DICTATES OF ALLEYNE AND APPRENDI BY INCREASINIG THE SENTENCE WITHOUT A SPECIFIC SENTENCING ENHANCEMENT FACTOR FOUND BY THE JURY? ; 2 .