Aaron Lyons v. Brian Ladner, Warden
1. Petitionee has presented that key state witness 10:45 using cellphone while testifying against petitioner at trial. Petitioner was convicted solely on hearsay testimony.
Did the Fifth Circuit err in upholding a conviction based on hearsay testimony of a witness using a cellphone while testifying? Did District Court err in finding that no evidentiary hearing was needed on cellphone warrant because there is no indication in the record that the trial judge observed witness using the cellphone even though trial court affidavits were submitted by trial jurors stating that they clearly saw the witness using cellphone the entire time while testifying?
2. To corroborate their main witness testimony that Petitioner used the purple cloth to wipe away evidence of the crime. DNA results proved that Petitioner's DNA was not on the purple cloth but the state's main witness' DNA was present on the purple cloth. Fibers from the purple cloth were found on the metal money-box that was robbed of the victim.
Did the Fifth Circuit err in denying a COA concerning prosecutors misrepresenting evidence? Did District Court err in adopting that lack of object as the purple cloth being admitted into evidence that this Precludes Petitioner from having the issue reviewed that Prosecutors created a false impression of the evidence?
3. Petitioner has presented that there is insufficient evidence to support the guilty verdict. Petitioner has presented specific elements of the crime that trial evidence did not and could not prove:
Did the Fifth Circuit err in denying a COA concerning that being insufficient evidence to support each element of the crime? Did District Court err in deferring to state court findings that Petitioner did not bring the insufficiency of evidence issue prior to appellate proceedings? Did District Court err in not recognizing that Petition did not attack the insufficiency of the evidence at the elements of the crime in his pro se supplemental brief in direct appeal notwithstanding that he accidentally mislabeled the heading of the issue as "weight of the evidence" instead of "insufficiency of the evidence"?
4. Prosecutors displayed a photo of the deceased victim during closing arguments.
Did the Fifth Circuit err in upholding a COA concerning prosecutors displaying a picture of deceased victim during closing arguments? Did District Court err in adopting that the display of this photo could elude closing arguments while prosecutors referred to Petitioner as "cold-blooded killer" and not openly affect Petitioner that his trial counsel was ineffective for failing to call any member of witnesses he had already given statements to law enforcement that a 3rd party had committed crime?
Did the Fifth Circuit err in denying a COA concerning counsel being ineffective for calling any one of any partial instances where had already implanted a 3 party be the crime? Did District Court err in deferring to the state court finding that petitioner was not prejudiced by his trial counsel failure to call witnesses who would have directly implicated a 3 party as the person who committed the crime including one witness that admitted to driving the 3rd party to the crime scene to commit the crime?
5. Petitioner has presented that prosecutors submitted a purple cloth into evidence that their main witness testified that Petitioner used to wipe away evidence of the crime. Fibers from this purple cloth were found attached to the metal money box that was robbed of the victim. Later a DNA expert testified that Petitioner's DNA was not present on the cloth but the prosecutors' main witness' DNA was present on the purple cloth. The DNA tests prove that the main witness was lying about Petitioner and that the main witness was actually the individual who possessed and wiped off the stolen money box as concealed by the fact that the cloths
Question not identified