Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
DueProcess CriminalProcedure
Was the Petitioner's right to due process and freedom from self-incrimination violated?
QUESTIONS PRESENTED 1. | Was the Petitioner’s right to due process under the Fifth and Fourteenth Amendments and right to a jury trial under the Sixth and Fourteenth Amendments to the United States Constitution to the United States Constitution violated because the trial court allowed the jury to view a video interrogation of the Petitioner that was not admitted into evidence because law enforcement violated the Petitioner’s Miranda rights before conducting the interrogation? ' 2. Was the Petitioner’s right to due process and freedom from. selfincrimination under the Fifth and Fourteenth Amendments to the United States Constitution violated when the trial court allowed the jury to view a video interrogation of the Petitioner that occurred before the Petitioner waived his Miranda rights? 3. Was the Petitioner’s right to due process under the Fifth and Fourteenth Amendments to the United States Constitution and right to equal protection of the law under the Eighth Amendment to the United States Constitution violated when the state postconviction court did not allow the Petitioner an opportunity to amend his facially insufficient postconviction motion as required by Florida law? 4. Was the Petitioner’s right to effective assistance of counsel under the Sixth and Fourteenth Amendments to the United States Constitution violated _ because Petitioner’s counsel failed to investigate, interview or call a witness to testify who would have provided exculpatory testimony that the alleged victim, not the Petitioner actually possessed the firearm?