DueProcess FourthAmendment
Whether the petitioner was deprived of his constitutional rights to a fair and impartial trial
QUESTION(S) PRESENTED QUESTION No. 1 WHETHER OR NOT THE PETITIONER WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO A FAIR AND IMPARTIAL TRIAL UNDER THE 6TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION BECAUSE TWO (2) JURORS WERE SEATED OVER THE PETITIONER'S OBJECTIONS AND CHALLENGE FOR CAUSE WHO EXHIBITED AN ACTUAL AND PREJUDICZAL BIAS ON AN ISSUE OF LAW THAT WAS RLEATED TO THE PETITIONER AND THE OFFENSE FOR WHICH THE PETITIONER WAS CHARGED AND ACCUSED OF HAVING COMMITTED? QUESTION No. 2 DID THE STATE APPELLATE COURT ERROR AND ABUSE ITS DISCRETION IN AFFIRMING THE JUDGMENT & SENTENCE OF CONVICTION AGAINST THE PETITIONER ON THE DETERMINATION THAT THE RECORD DID NOT SHOW THAT THE PETITIONER WAS NOT: TRIED BY A FAIR AND IMPARTIAL JURY OR THAT ANY SPECIFIC JUROR WAS POISONED BY THE IMPROPER COMMITMENT QUESTION WHEN THE RECORD GLEARLY ESTABLISHED THAT EVEN IN THE ABSCENSE OF THE IMPROPER COMMITMENT QUESTION TWO (2) JURORS WHO EXHIBITED AN ACTUAL BIAS AND PREJUDICE AGAINST THE PETITIONER ’ AND OFFENSE FOR WHICH THE PETITIONER WAS CHARGED? QUESTION No. 3 WHETHER AN IMPROPER COMMITMENT QUESTION IS SUBJECT TO THE HARMLESS ~ ERROR ANALYSIS WHEN THE PRESENCE OF A BIASED JUROR IS A STRUCTURAL ERROR THAT IS NOT SUBJECT TO THE HARMLESS ERROR ANALYSIS? . ; i Ay