DueProcess FourthAmendment Punishment JusticiabilityDoctri
Can a State allow a Judgment & Sentence of Conviction to stand when the offense was factually and legally impossible to have been committed or lacks legal basis?
No. 1: Can a State allow a Judgment & Sentence of Conviction stand when under the probative facts and Jury Charged instructed the jury to convict the Defendant of an offense that was factually and legally impossible to have been committed; or where there is mo legal basis for the offense does not exist? Question No. 2: Can a State forego the application of the Double Jeopardy Clause of the 5TH Amendment to the United States Constitution made applicable to the States under the 14TH Amendment to the United States Constitution when under the probative facts of the case the standing Judgment & Sentence is barred by the Double Jeopardy Clause? Question No. 3: Does the State deprive a criminal defendant of his constitutional rights to Due Process under the 14TH Amendment to the United States Constitution when it fails to consider and address all the claims and/or grounds presented for heabeas corpus relief when the claims and/or grounds rest on a vested constitutional right? Question No. 4: Does the Double Jeopardy Clause of the 5TH Amendment to the United States Constitution made applicable to the States under the 14TH Amendment to the United States Constitution present a valid claim of Actual Innocence? Question No. 5: Does La State deprive a criminal defendent the rdviewi.of a new rule of criminal procedure announaedv.by the United ! States Supreme Court when its own post-conviction procedure does not limit the retrospective of the rule on State collateral review? Question No. 6: Can a State forego review of a illegal and unauthorized sentence on a procedural ground when the sentence is clearly void and not merely voidable. i