Yancey J. Myers v. United States
FifthAmendment DueProcess HabeasCorpus
Whether a disqualified trial judge's recusal due to substantial prejudice constitutes a structural error when the judge previously presided as both accuser and adjudicator, and whether jury misconduct and altered verdict forms can invalidate a conviction
1) . Where a disqualified trial judge recuses himself due to substantial prejudice/bias ; POSTCONVICTION! is there a structural error because said judge already presided/heard as accuser and adjudicator? 2) . Does abuse of discretion or a structural error arise.* when a claim of jury misconduct,a hearing, and motion for new/mistrial is denied by a trial judge later disqualified for prejudice/bias? 3) .When the verdict form, and the jury instructions essential elements are altered from the charge in the indictment can a conviction stand or is it grounds for dismissal of that count or the indictment as a whole? 4) . Can a claim of actual innocence made prior to a 2255 but denied, v provide for equittable tolling of the statue of limitations of a 2255? 5) . Where the U.S. Constitution prohibits Ex-Post Facto laws, what is the meaning and/or extent of the meaning "prohibits" when a lower court allows anGadmitted ex-post facto violation as a harmless error? 6) . When the government admits that the answer to a deliberation questi ion (expert testimony not turned over to defense before trial)"is not part of the evidence" has the government admitted a brady violation due to the answer presumbly affecting the verdict? 7) i.' When a government expert witness goes un corrected, ,can said conviction be upheld, when the testimony placed a substantial prejudice on the juries verdict? 8) . When defense counsel makes a erroneous concession of guilt in final arguments, with no admission of guilt from the defendant, can such pre judice make cocivictibn reliable'.on ’ evidence-or erroneous concession ?