Whether the use of selective evidence constitutes an impermissible divide and conquer strategy for evaluating evidence sufficiency under the 14th Amendment, and whether state appellate courts are required to assess witness identification reliability and misidentification likelihood as a matter of due process

QUESTION(S) PRESENTED QUESTION No. 1: Whether the use of selective evidence is an impermissible divide and conquer strategy for evaluating the : sufidiciency of the evidence under the 14TH Amendment to the United States Constitution when such evaluation is upon record evidence as a whole? : QUESTION No. 2: Whether a State appellate court as a matter of ; Due Process under the 14TH Amendment to the United States Constitution isqrequiired to declare witness testimony incredible as a matter of law when the witness has testified to something or an event that could not have occurred and which would rendered the identification of the Defendant unreliable? QUESTION No. 3: Whether a State appellate court as a matter of Due Process under the 14TH Amendment to the United States Constitution is required to preform an evaluation of the likelihood of Misidentification during its review of a challenge to the sufficiency of the evidence when identification is a fact issue? QUESTION No. 4: Whether the standard of review announced in Jackson _v. Virginia, 99 S.Ct. 2781 (1979) is an ambiguous and unconstitutional standard of review in evaluating challenges to the sufficiency of the evidence because (1) if fails to define what sufficient evidence is, and (2) favors the prosecution by allowing the reviewing court to infer what the jury considered or could have considered . . in reaching a verdict? QUESTION No. 5: Is a State criminal defendant deprived of his constitutional rights to Due Process under the 14TH Amendment ; to the United States Constitution when the State appellate court’: . employs a standard of review regarding challenges to the sufficiency of the evidence that is contrary to the standard of review announced in Jackson v. Virginia, 99 S.Ct. 2781 (1979)? . i 1