Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al.
Privacy
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
QUESTIONS PRESENTED 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that He was not Denied His State and Federal Constitutional Rights to the Effective Assistance of Counsel when His Trial Attorney Failed to _ Move for a Severance of Defendants for Trial pursuant to Bruton v. United States. 2.) Whether the Third Circuit Court of Appeals Erred in Denying : Petitioner a Certificate of Appealability on His Claim that the Trial Court Did Not Err by Failing to Adequately Instruct the Jury Pursuant the N.J.R.E. 404(B) Regarding the Testimony _ Elicited at Trial from Detective Ricci Involving the CoDefendant's Fear of the Petitioner Arising out of a previously Existing Restraining Order. 3.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His Constitutional Rights were not Violated when the Trial Court Erred by Failing to Sponte Instruct the Jury. Regarding the Petitioner's Photograph which was part of the Photographic Array Shown to the Victim which was Characterized by Him as Constituting a "Mug Shot". 4.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His Constitutional Rights were not Violated when a Sleeping Juror was Allowed to Continue Sitting and Ultimately Deliberate on Petitioner's Guilt. 5.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His United States 6th Amendment to Confrontation were not Violated. aT , ‘. _—