Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
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Counsel's failure to strike biased juror,counsel's failure to investigate and present exculpatory evidence,court's failure to provide oral verbatim jury instructions,court's omission of statutory definitions in written instructions
QUESTION(S) PRESENTED . Counsel failed to:sinike a juror who said he couldnd be Lain + investgecte and present exculpatory evidence. The. court tailed to give an ore)” verbatim reading af its charge. and omitted from i#'s written lastruchions the. statutory definitions of the. charged offense . he Lan cosinsel waive: Retisones constidtiona/ right +0 eaten? ancl . im partial Jury Pp i a. rs + efbective assistance. not to stvrke. a Juror who states : 2 . cant shirt bira on a level playing Freld because my w7te. and prety much my entire family ... has experiance with sexual cbuse + Iwas sexually chused at I. So i+ would be bard to give him a far trial"? 3. For allegations of juror bias. 1S the. proper rer aay a hearing a which the defendant has the opportunity #0 prove achal bras? " Y. When the. record is ambiguous, aod te parres disagree on the. identity of a yuror who said he hod been Sexually abused, $0 i woukl be hard 40 give a fair trial, should the accused yuror be queshoned about this statement ¥ it , Oe 5, 2s due Process dented when the. court tails io give an oral verbatim reading of its chatge. to the jury andl omitts the statutory definitions of lau tor the charge offense. from the writen mnstractions P . | 6. Was PetitHoner prejudiced when counsel fa'led yovinvestigate. and present exculpatory ewdence from eyes INeSS 3 recantation eutdence sand medical experts 10 challenge the. lack of physical evidence '? 7. When counsel fils to satervieu and present Pev'Honers alvby ——— wf4ness , does this prejudice the defense. anl deprive. him of effective assistance P jie