Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al.
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Whether trial counsel was ineffective and the trial court's unconstitutional jury instruction violated the 6th and 14th Amendments and whether the Third Circuit's decisions rejecting Petitioner's claims of due process and fair trial violations were erroneous
1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 Pa.C.S.A. § 6104 violated the 6th and 14th Amendments? 2. Whether the Third Circuit Federal District Courts' decisions rejecting Petitioner's claims raising violations of his rights to due process, a fair trial, and the effective assistance of counsel by the Commonwealth of Pennsylvania's use at jury trial of unnecessarily suggestive pretrial identification evidence clearly resulting in substantial risk of misidentifications, and the trial witnesses' own self-admitted misidentifications of him as the shooter in a murder case, were erroneous and involved an unreasonable determination of facts and/or resulted in decisions that are contrary to, or involved an unreasonable application of, federal law or conflict with the U.S. Supreme Court decisions and progeny of Neil v. Biggers, 409 U.S. 188(1972)?