John Patrick Blackmon v. Jeffrey A. Uttecht, Warden
HabeasCorpus
Did events in the second trial establish additional process due the Defendant in any subsequent trial?
No question identified. : 1. Did events in the second trial establish additional process due the Defendant in any subsequent trial? 2. Was the trial judge's noting the Defendant's "visible'' demeanor sufficient to assume the Defendant was waiving his right to testify? 3. Did the events in earlier trials constitute the "exceptional, narrowly defined circumstances" noted in United States v. Pennycooke for an on the record inquiry of the Defendant"s decision not to testify to be required? 4. Did the fact that the Defendant testified in the first trial, but not in the second trial, require the judge to directly address the issue of the Defendant giving testimony in the third trial under Ortega v. O'Leary? iii.