No. 24-5589

In Re Joseph G. Aulisio

Lower Court: N/A
Docketed: 2024-09-20
Status: Denied
Type: IFP
IFP
Tags: cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether prosecutorial misconduct, false testimony, and failure to correct known false evidence constitute a violation of due process and grounds for overturning a conviction

Question Presented (OCR Extract)

QUESTIONS ‘PRESENTED . 1. Is it Prosecutorial Misconduct and Complicity in Perjury when a ; ; Prosecutor Concedes during: closing argument ..4’ critical material witnesses testimony is IMPOSSIBLE... instead. of «correcting the acknowledged FALSE TESTIMONY so the jury doesn't base its verdict upon it... tells the jury other Misleading facts not in evidence to changemake known false testimony appear worthy of belief and allows jury to render a verdict upon known false testimony to deny fair trial and prejudice any chance of acquittal... establish cause and prejudice exception to adjudicate unexhausted/ defaulted claims ? 2. Does conceding a critical material witness testimony is false by calling it "IMPOSSIBLE" and failing to correct it and elicit the truth... and conceding the'false "IMPOSSIBLE" testimony "Could have affected.the judgment of the jury" and -"MayHave contributed to the -verdict!'s: . “ prove’. all:* the elements: in a GIGLIO violation. “Does :a~SUBSTANTIATED' GIGLIO-claim establish cause and prejudice exception ? 3. Does conceding a critical material witness testimony determinative of guilt or innocence is "FLAWED "DEFECTIVE" and "QUESTIONABLE" require reversal per-se because the testimony is "TAINTED" without having to amount to perjury under the Supreme Courts Mesarosh case... establish cause and prejudice exception to adjudicate defaulted claims ? 4. When a Prosecutor introduces "SUGGESTED" facts not in evidence‘not. testified to, during closing argumentviolate my right to Confrontation, vight to be tried solely upon evidence admitted into evidence, due process and right to a fair trial and presumption of innocence and constitute ~VOUCHING by suggestimg Misleading outside facts to fool/ persuade jury to : trust States judgment instead of their .owm and mislead jury to believe something the Prosecutor knew to be impossible and false... establish cause and prejudice exception ? 5. Can a conviction be upheld, left to standwhen incontrovertible ; physical facts and laws of nature prove critical material witnesses testimonies are incapable of being trueshould evidence incapable of being true be totally rejected as a matter of law, and allowing a jury to base a verdict upon samea subversion of justice and any verdict based upon it cannot stand under Pennsylvania law establish cause and prejudice exception ? 6. Can a conviction voided by substantive rights violations including the knowing use of false testimony be left in place itid ‘Unconstitutiofal® i. Incarceration be allowed to continue because the Substantiated claims. are , procedurally defaulted... or must all impediments preventing review of void conviction yield to the imperative or ~ correcting Unconstitutional . Incarceration that violates the Eighth Amendmentdoes an Eighth Amendment violation establish cause and prejudice exception ? Maa a vite . ' .° 7, Where trial Prosecutor acknowledges critical is’ Flawed, Defective and Impossibleproving the -fails to, correct it and misleads the jury to believe it and:bases’-a verdict upon: it -constitute o Miscarriage of Justice exception or establish .:cause.: and. prejudice exception to adjudicate defaulted claims ? er 8. Is cause and prejudice or Manifest. Injustice or Shocks: the Conscience exceptions established when trial Prosecutor becomes-an active participant: in. perjury to Maliciously prevent a fair trial to prejudice any chance, of. acquittal and withholds critical material exculpatory <evidence. that proves material. witness testimony was false and knew perjury occurred to contrive my . conviction ? 9. Will Courts of Justice: refuse to permit a jury sequestered in a Capitol Trial, charged with passing on the life or death of Petitioner, to receive and and use courtesy of, Court Officerintoxicating liquor. while they: have .‘the prisoner in charge “because it disqualifies them. for proper deliberation and exercise of reason and judgment and hold no reliance can, be placed upon its verdicts purity and

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-09
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Joseph G. Aulisio
Joseph G. Aulisio — Petitioner
Joseph G. Aulisio — Petitioner