Russell DeFreitas v. Gregory A. Kizziah, Warden
HabeasCorpus
Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statutory and/or procedural constitutional actual immocence issue(s) merits claimed
QUESTION(S) PRESENTED _ First Question: Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statutory and/or procedural constitutional actual immocence issue(s) merits claimed _ isn't writ issuance permitted, because Supreme Court's decisions never reviewed or decidedly ruled on those particular issue'(s) merits use . or applicability . on 2241's vehicle ? Second Question: Whether district court's Article III improperly sentenced petitioner's actual innocence absence, in violation of statutory and procedural 5,6,14 amendments constitution demandingly requires, a unanimous jury's verdict finding any statutory charging elements : and/or facts which he's chargéd and violated before guilty finding, © .and is double jeopardy ; prohibited retrial by accepted—impeached verdict finding ? Third Question: : Whether trial and sentencing counsel'(s) cause not objection and demanding. for, _after district court's accepted finding, absence non-unanimous jury's verdict finding any statutory charging lement(s) and/or fact(s) before or at sentencing and requiring petitioner's actual innocence discharge with prejudice, is prejudicial 5,6,14 amendment's ineffectiveness ? Fourth Question: Whether appellate counsel's cause not raising or arguing, including trial counsel'(s) ineffectiveness objection and demanding for, absence unanimous jury's verdict finding any statutory . charging element(s) and/or fact(s), on direct appeal is prejudicial 5,6,14 amendment's ineffectiveness ? 2 of 20 ‘ ee :