Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation

QUESTION(S) PRESENTED FOR REVIEW 1. Whether the court of appeals properly assess prejudice when it | considered the Brady v. Maryland, 373 U.S. 83 (1963) violation? a. Rulings below: The trial court ruled Markham was not entitled to a new trial based on the late disclosure and the court of appeals affirmed. 2. Whether the trial court err and violated Markham's due process right to fair trial by admitting "unduly prejudicial" Jail Call recording between Markham and the complainant at trial? a. Rulings below: The trial court allowed the state to admit the Jail Call Recording, and the court of appeals affirmed. 3. Whether the trial court err and violated Markham's Sixth and Fourteenth Amendment rights by allowing the state to amend the complaint to add a different, additional offense after the state rested? a. Ruling below: The district court allowed the state to amend the complaint, and the court of appeals affirmed. 4, Whether the prosecutor commit prejudicial misconduct by misstating the law in closing argument? fn a. Ruling below: The district court did not consider this issue, and | the Court of Appeals affirmed. | 5. Whether the evidence was insufficient to convict Markham acted with intent to cause the complainant to fear bodily harm or death where she could not recall or witness much of the alleged incident, could not recall what Markham shouted, and did not suggest Markham threatened her in light of Jackson v. Virginia, 443 U.S. 307 (1979)? a. Ruling below: The Court of Appeals affirmed Markham's conviction. , . | 6. Do Markham's ineffective assistance of trial counsel under Strickland v. | Washington, 466 U.S. 668 (1984) and pro se issues warrant review? a. Ruling below: The Court of Appeals held Markham's ineffective assistance of trial counsel and pro se supplemental issues lacked merit. | | | 7. Judge Wahi, confirm it in her "Findings of Facts," it was in fact only | [Officer Hilyar] report in exhibit 1, by labeling it Officer Hilyar "incident report" as exhibit 1. There wasn't any mention of Brooklyn Park Police | | Department in Judge Wahi, "Findings of Facts." See Honorable | | . | Richelle Wahi. Transcripts of Proceedings on March 22. 2016; pg. 10 and "Findings of Facts" filed April 11. 2016; pg. 2. a. Ruling below: The district court did not consider this issue, and the Court of Appeals affirmed. 8. The two main issues on Post-conviction concern the legality of defendant's arrest. Was there probable cause? Did circumstance justify a warrantless, nonconsensual entry of the home? Defendant argues both these questions must be answered no, and, therefore, evidence obtained from his arrest most importantly, 911 data and victims’ statement to the police should have been suppressed. a. Ruling below: The district court did not consider this issue, and the Court of Appeals affirmed. 9. Whether the court of appeals properly assess prejudice when it considered Pay ton v. New York. 445 U.S. 573. 586. 100 S, Ct. 1371. 63 L, Ed. 2d 639 (1980))? ' Markham has demonstrated the illegal arrest by the Brooklyn Park Police Department that took place in Hennepin County on January 22, 2016, under the Fourth and Fourteenth Amendments. (a)The Court of Appeals and the Minnesota Magistrate judge error when refusing to prove and demonstrate [Dakota County] show exigent circumstances did exist to authorize another jurisdiction to arrest Markham without a warrant inside his Brooklyn Park resident [Hennepin County]. There was not a warrant, nor a warrantless or NN exigent circumstances exception to arrest Markham in his Brooklyn Park [Hennepin County] resident January 22, 2016. Defendant in a criminal proceeding has the right, under the Fourth and Fourteenth Amendments, subsequent to the Ex parte insurance of a search warrant, to challenge the truthfulness of factual statements made in an affidavit supporting the warrant. The documents suppressed by the prosecution. See post-conviction brief at 39-40. The police in this case made a warran