I. Dean Fulton v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al.
DueProcess HabeasCorpus JusticiabilityDoctri Jurisdiction
whether-the-third-circuit-court-of-appeals-violated-buck-v-davis
QUESTIONS PRESENTED FOR REVIEW I. WHETHER THE THIRD CIRCUIT COURT OF APPEALS VIOLATED BUCK V. DAVIS, 580 U.S.__, 137 S.CT. 759, 197 L.ED.2D 1 (2017) WHEN IT DENIED A CERTIFICATE OF APPEALABILITY ARISING FROM SECTION 2254 HABEAS CORPUS PETITION WHERE THE CONVICTION FOR AGGRAVATED ASSAULT WAS NOT SUPPORTED BY EVIDENCE IN THE TRIAL TRANSCRIPT? If. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO REQUEST AN INSTRUCTION INFORMING THE JURY THAT IF IT ACQUITTED PETITIONER OF MURDER ON A THEORY OF SELF-DEFENSE IT COULD NOT CONVICT THE PETITIONER OF AGGRAVATED ASSAULT ON A BYSTANDER UNLESS IT FOUND THAT THE ASSAULT WAS INTENTIONAL? TT. WHETHER PETITIONER WAS DENIED DUE PROCESS OF LAW WHEN THE TRIAL JUDGE INSTRUCTED THE JURY THAT PETITIONER COULD BE CONVICTED OF AGGRAVATED ASSAULT IF HE ACTED RECKLESSLY? IV. WHETHER THE THIRD CIRCUIT VIOLATED 28 U.S.C. 2254(f) WHEN PETITIONER CHALLENGED THE CONVICTION BASED ON INSUFFICIENCY OF THE EVIDENCE AND THE COURT IT DID NOT REQUIRE THE STATE TO PRODUCE THE PART OF THE RECORD SUPPORTING THE CONVICTION BECAUSE THERE WAS NOTHING?