Whether the petitioner's constitutional rights to a fair trial, due process, and assistance of counsel were violated

No question identified. : ConSTETUTIONAL FROVISIONS “ENVOLVED D) Consttutiona | right fo a Fair tral, US. Const, amenol « KeV) TH. Const, 1876, ART, 1 3%: 2) Constitutional right to due Process of laws, US. Consh, amend. Y. 3) constitutional Right to have the Ass Stanee of Counse/ for his defence. US Const, amend VE : 1) Constitutional right to due process OF law) and equal Protection of the law. UsiS. Const. xru, ¥/ . _. STATEMENT OF FACTS . On the evening of October 9, 2016, Gerald Fortson and Damonte Fernando drove to ; / ’ the house of Steven Poppo. (R. 104, 391). Fortson knocked on the front door. (R. 403-04). Thirty-two-year-old Poppo opened the door and saw Fortson, whom he did not know, standing a " there. (R. 403-04). Fortson asked Poppo for seven grams of cannabis valued at $70, although . , Fortson only had $31 on hiin that night. (R. 88, 187, 368-69). Poppo went inside and got a . ; 6.8-gram bag of cannabis. (R. 121, 387) When he returned, Fortson was no longer there. (R. 404). ) . Becoming suspicious, Poppo looked around and saw acar parked on the street, to the left of his driveway. (R. 404-05, 490). As he neared the car, Poppo became even more wary when he saw that the car’s engine was running and the driver, Damonte Fernando, had the car in drive and his foot on the brake. (R. 107, 405-06). Fortson was in the passenger seat, which he reclined all the way back. (R. 406, 411-12, 504-05) Poppo walked over to the | 7 passenger’s side window with the bag of cannabis. (R. 412). Fortson declared, “Iam not going to buy the shit ifI can’t smell it.” (R. 412). Poppo was hesitant but told Fortson that he would . . hold the bag while Fortson smelled it. (R. 413). Fortson leaned forward, placed his hand on the top of the bag, and attempted to pull it closer to him. (R. 109-10, 413). During this time, Poppo “never really let go of the bag” while Fortson tried to get it. (R. 109-11). Damonte Fernando, the driver, testified that Fortson intended to buy $40 worth of marijuana, approximately 3.5 grams. (R. 103). Fortson knocked at Poppo’s door and Poppo came outside and had a conversation with Fortson. (R. 104-06). Fortson then returned to the . car. Fernando acknowledged that he had the car in drive, the car windows were down, and : the passenger's seat occupied by Fortson was reclined “nearly at the level of the rear seat.” ; , (R. 107, 109, 129-30). When Poppo approached the car, Fernando directed him tothe passenger ‘ side because he did not have the money. (R. 107). Poppo walked to the passénger’s side window and Fortson asked if he could smell the weed. (R. 109). Poppo’s initial response “was like hell, nah” but he later relented and “said it was okay for him to smell the weed, but he never really let go of the bag. Like both of them had their hand on the bag, whatever, when he was , trying to wet the bag from him to’ smell the weed.” (R. 109-10). Fernando further stated, “J . know for a couple of seconds they were both holding the bag. Gerald was trying to get the 7 bag so he could smell it.” (R. 111). , According to F emando, while Poppo and Fortson had their hands on the bag, Fortson said “something” to Poppo: (R. 11 1). Fortson then stated, “[C]ome on we’re gone” and Fernando ; | saw “{Fortson] jump towards me, and I seen sparks flash and the loud bang of a gun going off basically.” (R. 111). According to Poppo, Fortson leaned in to smell the bag, snatched . it, and “with one fluid motion he reaches to the floor.” (R. 413). Simultaneously, Poppo, who : . was “very scared,” pulled out a gun from his pocket and fired a single shot toward the car because “he was robbing me.” (R. 414, 442). After Poppo fired the gun, Fernando drove off. (R. 113, 414-15). Fortson died from a single gunshot wound to the back. (R. 372-376). ; Keith Simmons, Poppo’s roommate, testified that he was in the basement when he heard a “single gunshot.” (R. 179). He ran to the front door and saw Poppo standing at the , door. (R. 179). Simmons asked