Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.
DueProcess HabeasCorpus
Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding jury trial rights and degree of guilt hearings?
(1) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO TRIAL BY JURY PRECEDENTS MISAPPREHEND THE FACTS AND FAIL TO FIND PENNSYLVANIA ’S RULE 590 (C) UNCONSTITUTIONAL IN GRANTING THE PROSECUTION THE RIGHT TO WAIVE TRIAL BY JURY AT THE DEGREE OF GUILT HEARING WITHOUT GRANTING PETITIONER A RECIPROCAL RIGHT TO DEMAND A TRIAL BY JURY AT THE DEGREE OF GUILT HEARING? (2) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF SUPREME COURT PRECEDENTS GUARANTEEING A CRIMINAL DEFENDANT THE RIGHT TO DUE PROCESS UNDER THE FOURTEENTH AMENDMENT FAIL TO FIND THE PROCEDURE SET FORTH IN PENNSYLVANIA ’S RULE 590 (C) UNCONSTITUTIONAL IN PROCURING APPRENDI RIGHTS WHEN DEFENDANT PLEADS GUILTY TO MURDER GENERALLY?