Joseph Andrew Phipps v. Neil McDowell, Warden
DueProcess FourthAmendment HabeasCorpus
Does Petitioner have a due process right to jury instructions on lesser included offenses?
QUESTION(S) PRESENTED 1) Does Petitioner have a due process right to jury instructions on lesser included offenses? 2) Does the Equal Protection Clause of the 14th Amendment require the holdings in Beck v. Alabama, 477 U.S. 625 (1980) to apply to noncapital cases? . 3) Do this Court's holdings in Beck v. Alabama, (supra) apply to noncapital cases? 4) Does the void in protection created by the AEDPA lie to vindicate . the guarantee of due process by the 5th and 14th Ametidments in . this case and cases similarly situated? _ 5) Does the void. im protection created by the AEDPA lie to vindicate the guarantee of equal protection by the 14th Amendment in this -: case and cases similarly situated? 6) Is the admission of irrelevant or overtly prejudicial evidence a violation of the due process clauses of the 5th and 14th Amendments?