Morris Scott Holmes v. Tommy Bowen, Warden
SocialSecurity
Whether the petitioner's constitutional rights were violated by successive prosecutions for the same conduct, defective indictments, improper case assignment, insufficient evidence, prosecutorial misconduct, and unlawful confinement
QUESTION(S) PRESENTED DOUBLE TESPARDY 2 Petitioner was found “not guilty” af matice murder fcount one \ charge of indictment leit guilty’ Fetouy murdec {fédunt two) charge of imdietment Y-1G42 2, mily One individual inustued — the Same eurdence was used te prove Cach charge of imdictmant. | a2. AMEnDIA (Aiterinig) OF talNLeTMENIT: Petthoner objected +a the imdi_ chmearty petitiamer objected that the fetoay murder did met go with indi— etmeat, The court sated’ “i'm going +6 thange it to fead. did eause the death of jerome morrison by Stabbing him with a kaife’ 3 DEFECTED (Varn) InNTeTmEnITs The indictment (true bint Vaits to include States ecrimalat cade Statuder fails +0 include @ach esseaim— tiat element of offenises chargedeSpeciat presentment entered af — ter indictment was ameaided by trial court.ete. 4. CASE ASSTGAIMEAIT UTOLATIAA: Tudge Taha Goger was assigned te try petitioners castvyohw Goger canducted var dire to select trial Jurye Eleues hours afterwards trial begam in the courtroom of judge Wiliam Daniel.At judgneatts rendered by William Daniel iS UsidGd\, §. INSuePLettmT evrpenceswitmesses testified petrhouer ‘did mot have possession af kaufe durin Struggle. getitiomer received Several kaife welaids ducinig Struggle. Kaite invetved Was alot wtroduced nior admit— QA ints evidearce.ets lo. PROSECUTOATAL MISCONDUCT! Trial prasecutor repeatedly misstated the tows of the state af geerta, prosecutor withheld witnesses statements, prosecutor assigned unltiam Daniel te try petitioners ¢ase-etc. 1. WUMLAWFLL COAIFIAEMEnIT: Due to ol. of the Wiolations committed by pettowers trial court te abbain petitioners coawictou, pehtisners Confinement is watauful. Petitioner have alat committed anny crime. 3.RIGHT TO APPEAL Denizen’ Petitioner's rightay te appeal has heea densed 4s as superiors State Supreme Courts State habeas corpus Court. Feder— ar dittrict Court. Eleventh ¢ircurt court of appeats \ hase ruled on the ‘merits’ of claims raise by petitioner. Cont. QuzsT ions) PRESENTED 4. SUCCESSIVE PROSECUTION): Petitioner was tried twice far the death of a Single individual. mmediatety Fol Lowiarg the “not _gucitu” werdict was Oainjauaced fav the matice murdee (founit one) charge af the indictment (Y-1i29)oThe Proseutor anueunced a’quilty” verdret fae Felomy Murder (count two) Charge _ 10. IMPROPER TURN TaAsTAUCTIOMS. me couct instructed the trial jury on a ameaided inidi¢tment.the court failed te instruct the trial jury of the Lesser imeluded offense (Valuatary Maaslaughter ete. Charge Was requested by petitiauer’s trial attorney.