Brian Green v. Clinton Perry, Warden
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Whether the Eleventh Circuit erred in holding that no constitutional violations in Green's trial
QUESTIONS PRESENTED ee 1. Whether the eleventh circuit erred in holding that no constitutional violations in Green's trial ,;When the police officer who investigated Greens case was allowed to participate in the jury selection process and testify in the case.When this ruling is in conflict with other circuits ,who state it is a Sixth amendment and Fourteenth amendment violation and inherent prejudice exists ? 2. Green alleged ineffective trial counsel for not challenging the states case to proper adversarial testing by not filing a Motion to suppress on the Warrantless seizure. The state habeas court replied to the error in its final report and recommendation .Did the Eleventh circuit err in determining this error was not exhausted ? 3. Mr. Green alleged Appellate counsel ineffective for his failure to investigate the Warrantless search and seizure and to enumerate as , error on direct appeal that green was denied a full and fair hearing on the fourth amendment violation. The state Habeas court replied —. 6 . | to the error in its final report and recommendations.Did the Eleventh circuit err indetermining 4. Did the Eleventh circuit err in not addressing Greens Fourth amendment violation, Where evidence was used to convict derived | from the Warrantless seizure and a full and fair hearing was not provided ? Does a states procedural default hinder Greens opportunity to address a Fourth amendment violation in a federal habeas 28 U.S.C.2254 Where a full and fair hearing was not | provided ? ° @ a)