Robin O'Neill v. Jon Murad, Interim Commissioner, Vermont Department of Corrections
DueProcess HabeasCorpus CriminalProcedure
1. Does the mandatory life sentence of Vermont's aggravated murder statute, 13 V.S.A. 2311 (a)(3)(c), violate proportionality principles and due process under the federal and state constitutions, rendering Petitioner's sentence unconstitutional?
2. Did the court of appeals deny Ms. O'Neill's due process rights by granting a certificate of appealability on two issues of its own choosing, thereby predetermining its affirmation of the district court's dismissal of the habeas petition, overlooking all constitutional claims she raised?
3. Did the district court deny Petitioner due process by failing to follow 28 U.S.C. 2253(c)(2), in not performing an overview of the constitutional claims in the habeas petition and a general assessment of the merits?
Whether Vermont's mandatory life sentence under the aggravated murder statute violates proportionality and due process principles, and whether the court of appeals and district court violated due process by failing to properly review constitutional claims in a habeas petition