Rodney Muschette v. United States
DueProcess CriminalProcedure Privacy
Was Mr. Muschette denied his 5th Amendment right to due process?
QUESTIONS PRESENTED FOR REVIEW L Was Mr. Muschette Denied his 5th Amendment Right to Due Process when Admission of 404(b) evidence in violation of the test set forth in this Court’s decision in Huddleston v. United States, 485 U.S. 681 (1988) created evidence solely of his propensity to engage in unlawful acts, resulting in a Fundamentally Unfair Trial, and a conflict between the Circuits in the standards of admission of such evidence? I. Was Mr. Muschette Denied his 6th Amendment Right to Confront Witnesses Against him when the Court Impermissibly Allowed Testimony from a Deceased Witness at his ownMurder Trial in violation of this Court’s Decisions in Crawford v. Washington, 541 U. S. 36 (2004), Giles v.California, 554 U.S. 353 (2008) and Hemphill v. New York, No. 20-637 (2022)? Til. Was Mr. Muschette’s Denied his 5th Amendment Right to Remain Silent when his Involuntary Post-Arrest Statements were Admitted at trial? IV. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when the Trial court, and the Court of Appeals, failed to apply the Rules of Evidence in admitting hearsay without exception, specifically a letter written by an Assistant United States Attorney and Photographs of a Tattoo, resulting in a Fundamentally unfair trial? ii Prior Proceedings Indictment No. in the United States District Court for the Eastern District of New York, United States of America _v. Maliek Ramsey and Rodney _Muschette, Defendants, Judgment of Conviction entered March 10, 2020; Docket No. 20-877/20-860, in the United States Court of Appeals for the Second Circuit, United States of America, Appellee, v. Maliek Ramsey and Rodney Muschette, Appellants, Summary Order and Judgment filed October 29, 2021; Docket No. 20-877/20-860, in the United States Court of Appeals for the Second Circuit, United States of America, Appellee, v. Maliek Ramsey and Rodney Muschette, Appellants, Order denying Petition for Panel Rehearing or Rehearing En Banc Denied, December 29, 2021; Docket No. 20-877/20-860, in the United States Court of Appeals for the Second Circuit, United States of America, Appellee, v. Maliek Ramsey and Rodney Muschette, Appellants Judgment Mandate Issued, January 5, 2022.