Corelanius Phillips v. Andrea Culclager, Warden
DueProcess Privacy JusticiabilityDoctri
Whether criminal defendants denied Due Process of Law entitle them to remedy
QUESTIONS PRESENTED Whether criminal defendants denied Due Process of Law entitle them to remedy where ad The trial court empanelled an illegally constituted jury in violation of the Sixth Amendment where (a) the denial constitutes a Structural Defect and (b) Implicates the trial court’s SubjectMatter Jurisdiction, so as to render the judgment void ab initio and subject to collateral attack; and (2) Petitioner was provided with ineffective assistance of counsel where (a) Counsel failed to advise him of inviolate right to be tried before a twelve-person jury and (b) Appellant counsel failed to present known meritorious issue that required automatic reversal of conviction and sentence to the Supreme Court of Arkansas and (3) The Supreme Court of Arkansas’ modification of its Rules for Waiver of Trial by Jury is violative of the United States and Arkansas Constitution(s) where (a) It violates the Separation of Powers and (b) It exceeds the Court’s Authority conferred under the Arkansas Constitution. 1