DueProcess
Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and then testified a different way during the trial of a co-defendant?
QUESTION(S) PRESENTED 4. DID THE COURT OF APPEALS ERR IN DECID: PETITIONER'S RIGHT TO DUE PROCESS WAS NOT VIOLATED, WHERE THE VICTIM TIFIED ONE WAY DURING HIS TRIAL AND THEN TESTIFIED A DIFFERENT WAY DURING) THE TRIAL OF A CO-DEFENDANT? i.e., Testified that a gun was used, during Petitioner's trial, but then testified that he didn't remember seeing a gun, during the trial of the co-defendant. 2. DID THE COURT OF APPEALS ERR IN DECID PETITINER'S RIGHT TO FUNDAMENTAL FAIRNESS AGAINST CRUEL AND UNUSUAL LSHMENT WAS NOT VIOLATED, WHERE THE VICTIM'S TESTIMONY ABOUT THE USE OF A GUN WAS SUBSTANTIALLY DIFFERENT AT HIS PUNISHMENT HEARING THAN IT WAS THE CO-DEFENDANT'S TRIAL, AND THE DIFFERENCE IN THE VICTIM'S TESTIMONY IN A DISPARITY IN PUNISHMENT FOR TWO DEFENDANTS CONVICTED OF THE CRIME? “i