Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden
DID THE TRIAL COURT PREJUDICIALLY ERR BY FAILING TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF SUDDEN QUARREL/HEAT OF PASSION VOLUNTARY MANSLAUGHTER AND DID THE TRIAL COURT PROPERLY INSTRUCT ON THE ESSENTIAL ELEMENTS OF THAT OFFENSE IN VIOLATION OF CALIFORNIA PENAL CODE § 1193(f), CALIFORNIA PENAL CODE § 1259, AND CALIFORNIA PENAL CODE § 1437.5, AND THEREBY PREJUDICIALLY VIOLATE DEFENDANT'S RIGHT TO A JURY TRIAL AND DUE PROCESS OF LAW?
WHETHER THE TRIAL COURT FAILED TO PROPERLY INSTRUCT ON THE JURY INSTRUCTION ON SELF DEFENSE AND IMPERFECT SELF DEFENSE IN VIOLATION OF DEFENDANT'S DUE PROCESS RIGHTS?
DID THE TRIAL COURT PREJUDICIALLY ERR BY INSTRUCTING THE JURY ON THE PRINCIPLES OF LAW GOVERNING CONCEALMENT OR DESTRUCTION OF EVIDENCE THEREBY VIOLATING DEFENDANT'S DUE PROCESS RIGHTS?
DID TRIAL COUNSEL RENDER INEFFECTIVE ASSISTANCE OF COUNSEL REGARDING THE CONCEALMENT OF DESTRUCTION OF EVIDENCE INSTRUCTION AND THEREBY VIOLATE DEFENDANT'S SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL?
WHETHER DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL REGARDING THE FAILURE TO REQUEST A LESSER INCLUDED OFFENSE INSTRUCTION ON ANOTHER FELONY CRIME?
DID THE COMBINED EFFECT OF THE TRIAL ERRORS DEPRIVE DEFENDANT OF A FAIR TRIAL?
Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter