Double Jeopardy

Questions Presented 1. Double Jeopardy: Pages 6 -! 3 Whether there were post-acquittal fact-finding proceedings going to guilt or innocence of count 3 and count 4 that shared identical statutory elements. Exposing the petitioner to a second jeopardy which violates the first protection of the double jeopardy clause. In violation of petitioner's right to due process, . as guaranteed by the United States Constitution, 5“ and 14" Amendments. 2. Prosecutorial Misconduct: Pages | Y -27 Whether the prosecutor failed to disclose two oral statements from two of its chief witnesses (the medical expert and the alleged victim) not allowing the petitioner to make an informed decision before waiving his constitutional rights to a jury trial, and selecting to take a bench trial as a result of the state withholding those two undisclosed oral statements. In violation of the petitioner’s right to due process, as guaranteed by the U.S. Constitution, 5“ and 14 Amendments. 3. Insufficient evidence: Pages 2. g ~ 3 [ | Whether the evidence at trial was insufficient. When the | trial court created its own theory of why the petitioner allegedly assaulted Doe. Due to which the state nor the defense ever argued this erroneous theory at trial. This is despite the trial court previously ruling during ; ; cross-examination of the alleged victim, that the alleged / : victim’s testimony will stand, which reflected the court’s . theory never existed. In violation of the petitioners right to due process, as guaranteed by the U.S. Constitution, 5% and 14 Amendments.