DueProcess FifthAmendment HabeasCorpus Punishment
Is Petitioner actually innocent in a subsequent prosecution when in the previous prosecution another District Court in another county convicted, pronounced and imposed sentence, and issued a cumulation order to that offense?
QUESTIONS PRESENTED 1) Is Petitioner actually innocent in a subsequent prosecution when in the previous prosecution another District Court in another county convicted, pronounced and imposed sentence, and issuedx a cumulation order to that offense? Does jeopardy attach in the previous prosecution even though the District Court did not issue a formal judgment, but incorporated it in the judgment for another cause? . 2) State and Federal Circuit Courts are intractably split on — what constitutes "New" in new reliable evidence under Schlup-type claims. Is it newly discovered or newly presented? 3) In order to resolve the frequently recurring issue dealing with neuroscience and evolving standards of decency analysis . for the legal categorical class of offenders 18-21 years of age, should offéenderss receive a mitigation hearing before the imposition of a de facto or de jure life without parole sentence? 4) Should Harmelin v Michigan be overruled in part since it was decided 14 years prior to the first inklings of neuroscience data and today, 30 years later, we have a firmer grasp of brain development to determine culpability for crime? 5) How long shotilat a Life with parole sentence be that meaningful rehabilitation is still possible? ij