DueProcess HabeasCorpus
Is a state appellate court's refusal to allow a petitioner to file a successive petition for Post-Conviction Relief on an unmitigated, meritorious claim an unconstitutional denial of Due Process under the 14th Amendment?
QUESTIONS PRESENTED (1) Is a state appellate court’s refusal to allow a petitioner to file a successive petition for PostConviction Relief on an unmitigated, meritorious claim an unconstitutional denial of Due Process under the 14th Amendment? (2) If PCR counsel is ineffective in presenting the claim of ineffective assistance of trial counsel, is the underlying constitutional entitlement to effective counsel at trial a nullity and lie unenforced? (3) Do defective jury instructions constitute a material fact sufficient to preclude Summary Judgement on Petition for 2.4 Post-Conviction Relief? (4) Is granting Summary Judgement for the state, a violation of the Due> Process Clause of the 14th Amendment, where the record establishes triable claims that have not been addressed? | 1