Efrain J. Rosa v. R. L. Rhodes, Warden
DueProcess HabeasCorpus
Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment?
QUESTIONS PRESENTED I. When the Government affirms that all the requisite documents ation, under the rule of Brady v. Maryland, 373 US 83 (1963) will be provided, but then suppresses documentation that is favorable to the defense and material to the defendant's guilt or punishment, has a violation of DUE PROCESS of the Federal Constitution's FIFTH AMENDMENT accured requiring reversal of the conviction? . Il. When a conviction arises based upon a record lacking any ; . : evidence as to the crucial elements of the offense, due to the Government's suppression of documentation proving the. evidence was lacking, has a denial of DUE PROCESS in violation of the Federal Constitution's FIFTH AMENDMENT accured requiring reversal of the conviction? III. When the police charged with an investigation acts in such a way as to shock the conscience destroying the fairness, : integrity, and honor of the operation of the criminal justice system by replacing seized property with another item and then falsely claim to have found incriminating evidence to’ . secure a conviction and then suppress their own documentation proving this fact, has a crucial denial of DUE PROCESS in : violation of the Federal Constitution's FIFTH AMENDMENT -accured, requiring reversal of the conviction?