Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al.
DueProcess HabeasCorpus
Should the judgment on habeas corpus be void for failure to adhere to due process requirements before entering judgment
QUESTIONS PRESENTED I. PREFACE: Denial of certiorari means Petitioner will die in a Colorado prison for a crime a jury found him not guilty of Petitioner was forced to trial without counsel. Judge and prosecutor engage in misconduct. Jury finds Petitioner NOT GUILTY of sex assault by force/violence, judge enters conviction and life sentence anyway, SIXTEEN YEARS has been served thus far. Judge hides jury verdict : forms from 2006 to 2018 when he retires, but until after direct appeal, state post-conviction and federal habeas corpus had been denied. During federal habeas, court orders Respondent produce "complete state record", Respondents refuse, thereby hiding jury verdict forms and proof of exhaustion of claims. Habeas court 7 ignores discovery violation, dismissed habeas action with prejudice without ever reviewing the complete record as 28 U.S.C. §§ 2241 and/or 2254 and due process ; require. QUESTION: (a) Should the judgment on habeas corpus be void for failure to adhere to due process requirements before entering judgment; and/or (b) Should a ‘ Federal Rules of Civil Procedure Rule 60 Motion for Relief from Judgement to reopen the habeas application be allowed seeing no other state or federal relief is available to Petitioner as detailed herein? . Il. PREFACE: Habeas court orders Respondents produce all state court records and physical evidence relevant to claims presented in habeas application, Respondents refuse, and admit in writing after the petition is denied that they never produced even one sheet of paper. The failure to produce the discovery prevented Petitioner from fully and fairly presenting his case and proving (4) Petitioner was found not guilty but sentenced to life in prison anyway, and (141i) all 31 claims in the habeas action were fully and legally exhausted. QUESTION: Does the admitted intentional refusal to produce discovery such as jury verdict forms revealing Petitioner was found not guilty but given a life sentence anyway, _and proof of ' exhaustion of all claims, represent fraud on Court by Respondents requiring relief , under Federal Rules of Civil Procedure Rule 60(b)(3)? ; i III. PREFACE: Petitioner pays private lawyer to represent him on federal habeas corpus. That counsel lied to Petitioner, his family and the court, and asserted he had accessed the state record and found no exhausted claims or jury verdict forms, ; _ lying as he did in order to steal over $150,000.00 from Petitioner's 80 and 85 , year old parents. Counsel's lies, hidden and combined by/with Respondents discovery violations and fraud on court, caused 26 fully exhausted claims to be : dismissed as unexhauted, and prevented Petitioner from providing the federal habeas court the jury verdict forms revealing Petitioner was found not guilty but issued a life sentence anyway. QUESTION: Does gross negligence and deception of counsel require some form of relief under Federal Rules of Civil Procedure Rule 60(b)(3) when no other relief is available? ; ow. QUESTION: Based on the circumstances asserted in this petition, does the "interests of justice’ and/or "miscarriage cf justice" exception to defaults or successive habeas application, require the federal courts to grant some form of relief for Petitioner whom was found not guilty but issued a life sentence anyway , subjected to quadruple jeopardy, denied counsel at trial, and denied access to the trial court records and jury verdict forms from 2006 until 2018, until after direct appeal, state post conviction, and federal habeas corpus had been filed and denied, thereby creating a bar to any other form of relief? V. QUESTION: Did the lower courts error in labeling Petitioner's Motion for Relief from Judgment and Orders Pursuant to Federal Rules of Civil Procedure Rule 60 (b) and (d), a successive “abeas corpus application, and denying relief? VI. QUESTION: Given circumstances asserted, should original habeas judgement be voided and/or Petitioner be granted permission to submit Original