Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
When a state together with state's expert witness change the original version of medical evidence into a new complete different version, to link the accused to the crime, is it considered an unconstitutional denial of due process under the Fourteenth Amendment?
QUESTIONS PRESENTED 1. WHEN A STATE TOGETHER WITH STATE'S EXPERT WITNESS CHANGE THE ORIGINAL VERSION OF MEDICAL EVIDENCE INTO A NEW COMPLETE DIFFERENT VERSION, TO LINK THE ACCUSED TO THE CRIME, IS IT CONSIDERED AN UNCONSTITUTIONAL DENTAL OF DUE PROCESS UNDER THE FOURTEENTH AMENDMENT ? 2. WHEN DEFENSE COUNSEL FAILED TO: PRESENT EXCULPATORY EVIDENCE; TO CROSS-EXAMINE AND CONFRONT THE STATE'S WITNESSES; TO OBJECT OR CORRECT FALSE AND MISLEADING INFORMATION; TO PRESENT A COMPLETE DEFENSE; TO USE EFFICIENTLY HER EXPERT FOR DEFENSE; TO INVESTIGATE THE MEDICAL EVIDENCE; CAN ATRIBUTE THAT COUNSEL RENDERED ADEQUATE ASSISTANCE ? | | | | | ii |