Does a Prosecutor's conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the involvement of a Bi-racial individual, still protect the Defendant's rights to an impartial trial with due process of law under the scope of the Sixth and Fourteenth Amendment Clauses of the United States Constitution

QUESTION(S) PRESENTED 1) Does a Prosecutor’s conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the involvement of a Bi-racial individual, still protect the Defendant’s rights to an impartial trial with due process of law under the scope of the Sixth and Fourteenth Amendment Clauses of the United States Constitution. 2) Should this Court on the basis of a multiracial individual carve out a per se ruleto prohibit Prosecutors from presenting racially bias and prejudicial questions to prospective jurors before a reviewing of the questions by the trial judge, as a protection to the Fifth, Sixth and Fourteenth Amendment Clauses of the United States Constitution. 3) Whether the re-sentencing procedure, In re Johnson v. McKenzie, (W.Va. 1976) 226 S.E. 2d 721, pursuant to §58-5-4; [§53-4A-7(c)], through a void of former sentence and receipt of anew final judgment on re-sentencing, precludes or permits to grant AEDPA effectiveness with specific intent to reset the 1-year statute of limitations, as a protection of the Fourteenth Amendment Clause of the United States Constitution. | i