DueProcess Privacy
Whether a hearing in a collateral proceeding was required to determine trial Judge's neutrality
QUESTIONS PRESENTED — I. Whether a hearing in a collateral proceeding was required to determine trial Judge’s “neutrality” when newly discovered evidence was presented on a motion as to Trial Judge’s bias and conflict of interest based on a personal conflict with . Petitioner forty years prior and in presiding over a prior coerced plea in 2001? I]. Whether a subsequent civil verdict that establishes the third party culpability of a police officer in a pursuit of Petitioner that lead to the death of a motorist based on altered evidence that was relied upon in the prior criminal trial of Petitioner undermines the previous criminal conviction under the due process clause of the Fourteenth amendment and the right to present a complete defense under the Sixth ‘ amendment of the United States Constitution, such that a. thé lower state court erred when it denied a hearing in a collateral proceeding based on its erroneous holding that the altered evidence was not newly discovered, especially when that new evidence is viewed in ; conjunction with other evidence that had been destroyed prior to trial and suppressed at trail; and/or b. the civil findings impeach the prior criminal conviction per se because the parties and factual issues are exactly the same. vi :