Emerson L. Beverly v. Sherry L. Burt, Warden
DueProcess
Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in violation of the 6th and 14th Amendments?
QUESTION(S) PRESENTED I. DID THE PROSECUTOR’S REPEATED REFERENCE TO PETITIONER’S DEFENSE AS A “RED HEARING” CONSTITUTE MISCONDUCT THEREBY DENYING PETITIONER A FAIR TRIAL IN VIOLATION OF THE 6TH AND 14TH : AMENDMENTS? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” II. DID FAILURE TO BE CONSISTENT DEPRIVE PETITIONER OF NOTICE THAT HE WAS NOT WELCOME IN THE VICTIM’S HOME WHICH EXCUSES THE ENTRY RENDERING THE CONVICTION INSUFFICIENT IN VIOLATION OF THE 14TH AMENDMENT? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” Ill. DOES THE CONSIDERATION OF INACCURATE AND UNSUPPORTED INFORMATION VIOLATE TOWNSEND V BURKE, 334 U.S. 736 RENDERING THE SENTENCE A VIOLATION OF DUE PROCESS? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” IV. IS A COMBINED 50 YEARS FOR AN ASSAULT AND HOME INVASION A VIOLATION OF THE EIGHTH AMENDMENT? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO”