Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument?
QUESTIONS PRESENTED FOR REVIEW Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct, or allowable argument? Was trial céunsel constitutionally effective when he: failed to make reasonable objections; failed to have the biological evidence independantly tested? Did the prosecutions failure to turn over a copy of the recorded jailhouse phone call to the defense create a constructive denial of counsel? Did the prosecution shift the burden of proof onto the defense when they suggested to the jury that the defense could have somehow brought evidence to refute the states claims? ii