John Aguilar v. Willis Chapman, Warden
DueProcess HabeasCorpus
Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the United States Constitution when his trial counsel (1) solicit testimony that admit prejudicial prior bad acts into evidence, (2) fail to object to the prosecutor's questioning of one prosecution witness regarding the varacity of the testimony of another of his witness', and (3) Permit a prosecution witness to comment on the ultimate question of a Defendant's guilt?
QUESTION(S) PRESENTED |. Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally ; fair trial as guaranteed by the United States Constitution when his trial counsel (1) solicit testimony that admit prejudicial prior bad acts into evidence, (2) fail to object to the prosecutor's questioning of one prosecution witness regarding the varacity of the testimony of another of his witness’, and (3) Permit a prosecution witness to comment on the ultimate question of a Defendant's guilt? ' Il. Is a Defendant denied the constitrutional right to a fair and impartial jury trial as guaranteed by the United States Constitution when prejudicial publicity surrounding the case is widespread and the triail court deny the defense counsel's motion for a change of venue? {ll. Does the trail court's imposition of fines and costs based on the general cost of prosecuting individuals in the state violate a Defendant's constitutional right to Due Process?