Shane Roscoe v. Connie Horton, Warden
DueProcess HabeasCorpus
Whether the Fourteenth Amendment guarantee of due process is violated when the prosecution withholds impeaching evidence
Question Presented is: Whether the.Fourteenth Amendment guarantee of, Due Process is violated when the prosecution withholds impeaching evidence that. shows a key witness who's statement was used in part as the primary evidence against the Petitioner was lying. II. Because Petitioner Shane Roscoe's conviction rests upon the improperly adnitted testimonial statements that violated Mr.Roscoe's: confrontation rights ; were used as the primary evidence at trial. The Second Question Presented is: Did the only. evidence presented as direct evidence to implicate Petitioner's involvement in the crime have a substantial and injurious effect "or " influence in determining the jury's verdict under a full and complete Brecht Harmless Error analysis. III. Because Petitioner's conviction rests onthe primary ‘evidence that in part. consists of the testimonial hearsay statements admitted under the state forfeiture by wrongdoing rule were admitted in violation of Petitioner's right to confrontation. -i The Third Question Presented is: Whether the Sixth Amendment Guarantee to effective assistance of counsel is violated where defense counsel fails. to object under confrontation grounds and does that failure prejudice the Petitioner. IV. Before trial, Petitioner in a Pro Per Motion requested that the trial judge recuse himself due to bies upon the judge’s pre-determination of Petitioner's guile. The Fourth Question Presented is: : Whether the Fourteenth Amendment Guarantee of Due Process.is violated where a judge determines that a. defendant is guilty of: murdering a witness before trial on that very. charge without any: evidence. being. presented, without presiding over any of the prior proceedings and without being privy to any evidence or information in any pricr judicial proceedings mostly because it is self evident to the judge? : ¥. Petitioner was represented by counsel who was married to the very prosecutor who initiated the charge against the Petitioner and was an. active participant of the presecution's team. The Fifth and Final Question Presented ts: Whether the Sixth Amendment free counsel is violated where counsel fails. to inform her client :of .an actual conflict. of interest in her. marriage to the very prosecutor who. authorized charges: and an. active. member . of .the prosecution's team. , :