Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a question from the jury on the degrees of murder?

QUESTIONS PRESENTED FOR REVIEW 1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND "PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING A QUESTION FROM THE JURY ON THE DEGREES OF MURDER? A DEGREE OF MURDER LISTED ON THE BILLOF =| INDICTMENT? . 2). CAN A TRIAL JUDGE GIVE AN ERRONEOUS CHARGE ON THIRD DEGREE MURDER THE SECOND . TIME AROUND AFTER GIVING THE CORRECT ONE THE FIRST TIME WHEN THE JURY ASKED FOR A . ~ RE-CHARGE ON FIRST, SECOND AND THIRD DEGREE MURDER? : ; PARTIES : THE COMMONWEALTH OF PENNSYLVANIA LO oe : : . t ; Editorial information: Subsequent History _ : ; io. ., Post-conviction relief dismissed at, Writ of habeas corpus deniéd Com. v. Boyd, 401 Pa. Super. 638, 577. pon . . A2d 647, 1990 Pa. Super. LEXIS 1053 (Apr. 20, 1990)Habeas. corpus proceeding at Boyd v. Myers, 1998 | U‘S. Dist. LEXIS 20253 (E.D. Pa., Dec. 21, proceeding at, Decision reached on | . appeal by Commonwealth v. Boyd, 823 A.2d 1022, 2003 Pa. Super. LEXIS 1384 (Pa. Super. Ct., Mar. , 27, proceeding at, Decision reached on appeal by Commonwealth v. Boyd, 897 m4 A.2d 514, 2006 Pa. Super: LEXIS 701 (Pa. Super. Ct., Feb. 24, 2006)Writ of habeas corpus dismissed, i Certificate of appealability denied Boyd v. Klem, 2007 U.S. Dist. LEXIS 67649 (E.D. Pa., Sept. 13, | : proceeding at, Decision reached on appeal by Commonwealth v. Boyd, 15 A.3d i ” 543, 2010 Pa. Super. LEXIS 5664 (Pa. Super. Ct., Oct. 27, proceeding at, Writ Poo granted by, in part, Request granted Boyd v. Court of Common Pleas, 164 A.3d 461, 2016 Pa. LEXIS . 1 ; 2812 (Pa., Déc. 16, relief dismissed at Commonwealth v. Boyd, 2018 Pa. Super. i : Unpub. LEXIS 1804 (May 31, relief denied at, Writ of habeas corpus dismissed : i Commonwealth v. Boyd, 2018 Pa. Super. Unpub. LEXIS 2736 (July 30, 2018) : ! FRANCIS BOYD V. SUPERINTENDENT ROCKVIEW SCI, et al 2-97-cv-07160 2018 , : . FRANCIS BOYD V. SUPT. ROCKVIEW SCI, etal CASE NUMBER: 19-2061 U.S. COURT OF APPEALS 2019 a , ; i : IN THE SUPREME COURT OF THE UNITED STATES EXPARTE FRANCIS BOYD _ 7 : _” PETITION FOR AN EXTRAORDINARY WRIT OF HABEAS CORPUS o : Petitioner in the above captioned action respectfully request this Honorable Court hearhis LO claims concerning a miscarriage of justice that occured during the Judge’s charge tothe jury. i : The District Court in 2018 Judge Schiller of the United States District Court Third Circuit didnot 5 consider this specific claim while hearing petitioner’s 60(b)(6) petition. Petitioner claimed that a : , miscarriage of justice occured as a result of the trial judge’s erroneous jury charge and the error caused petitioner to serve a life without parole sentence. . RELIEF SOUGHT 7 : Petitioner seeks for this Honorable Court to rule that the trial judge was in error when he gave a different and erroneous charge of third degree murder to the jury the second-time ‘ following a question by the jury to define First, Second and Third degree murder. Or remand back to the district court for them to hear petitioner's claim. Or for this Honorable Court to . hear and decide petitioner's claim on its own. ~ ; z OO | . | TABLEOFCONTENTS . QUESTIONS PRESENTED.icsnee tl .