Belinda Jones v. Jeremy Howard, Warden
DueProcess HabeasCorpus
Whether the Fourteenth Amendment is violated when lower courts' legal standard for false testimony claims conflicts with the Supreme Court's standard in Napue v. Illinois
Petitioner Belinda D. Jones' second-degree murder conviction rests on false expert testimony from Pietrangelo, that the decedent, a stranger, received seven individual stab wounds caused by the hands of petitioner. There was no scientific foundation for this testimony it was false testimony. Had the prosecution not invited the jury to consider the falsity to find intent, petitioner would not have been found guilty of the crime charged — the prosecutor should have corrected the false testimony. Petitioner trial attorney also failed to perform a basic investigation into the decedent's actual injuries Such as reading the medical records of prepared by the emergency room doctor, Dr. Saad that show the actual injuries caused by petitioner counsel could have impeached the false testimony or at-the very-least had the false testimony corrected altogether. The questions presented are: Whether the Fourteenth Amendment is violated when the lower courts' legal standard as applied to false testimony claims conflicts with this Court's legal standard applicable to false testimony claims in Napue v. Illinois, 360 U.S. 264,271 -272 (1959). Whether this Court should resolve the conflict among the lower courts on which legal standard should be applied to all false testimony claims raise under the Due Process Clause of the Fourteenth Amendment. ii Whether the Fair Trial Clause of the Sixth and Fourteenth Amendments allow a criminal conviction to stand when truthful testimony is mixed the uncorrected false medical testimony key to the element of intent to prove second-degree murder. Whether the Fourteenth Amendment guarantee of Due Process of Law is violated when the legal standard for nondisclosure claims is used to affirm convictions arguing false evidence was used to convict. Whether the Fourteenth Amendment guarantee of a fair trial is violated when the State admits the testimony used to convict was false (RE 8, Page ID # 3916) but, because the falsity was mixed with truthful testimony a United States citizen cannot show "materiality". Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to investigate and expose false testimony that sends his client to prison for any number of years. iii QUESTIONS PRESENTED i