Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.
DueProcess
Does a curative instruction remedy a Confrontation Clause violation?
QUESTION(S) PRESENTED 1.Does a curative instruction remedy a Confrontation Clause violation where the evidence used to convict is scant and the codefendant’s alleged confession was the only direct evidence of Petitioner's guilt; and was trial counsel derelict in not objecting to instruction as being suffice to cure Confrontation Clause violation? 2. Is a Petitioner’s right to due process violated when a prosecutor in closing arguments vouches for the credibility of its witnesses, and trial counsel objects, but fails to request remedial instruction to cure the comments? 3. Can a State evidentiary ruling deny a defendant due process if it prevents him from putting forth evidence that supports the defense theory of the case? 4. Can a defendant be convicted of first-degree murder and | sentenced to life without the possibility of parole where he is ~ charged as an accomplice but never knew or participated in the actual crime? OG -) a .