Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison
DueProcess HabeasCorpus
Was the district court's findings that the state court reasonably applied the inconsistent verdict law in this case correct?
QUESTIONS PRESENTED I i : 1.) WAS THE DISTRICT COURTS FINDINGS THAT THE STATE COURT REASONABLY APPLIED THE INCONSISTENT VERDICT LAW IN THIS CASE CORRECT? 2.) WOULD A REASONABLE JURIST DISAGREE WITH THE DISTRICT COURTS DECISION THAT THE STATE COURT DID NOT ERROR WHEN THEY PRESENTED THE .357 OR .38 CALIBER WEAPON THAT THE PETITIONER WAS FOUND NOT GUILTY OF POSSESSING AND NOT GUILTY OF USING IN A UNLAWFUL WAY AS EVIDENCE IN A SECOND TRIAL TO SAY THE CONTRARY? 3.) WOULD A REASONABLE JURIST DISAGREE WITH THE DISTRICT COURTS FINDINGS THAT THE STATE COURT DID NOT ERROR IN DENYING PETITIONER’S POST-CONVICTION RELIEF WITHOUT AFFORDING HIM EVIDENTIARY HEARING. ai