John David Brookins v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al.
[I] THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE LOWER STATE AND FEDERAL COURT DENIED THE PETITIONER OF MEANINGFUL APPELLATE REVIEW.
A. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO OVERRULE THE COMMONWEALTH'S PEREMPTORY CHALLENGES OF THE ONLY TWO BLACK JURORS THAT WERE VOIR DIRED OUT OF EIGHTY-NINE PROSPECTIVE JURORS.
B. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN IN THE ALTERNATIVE GIVE A. CAUTIONARY INSTRUCTION WHEN THE PROSECUTOR IN HER OPENING STATEMENT MADE THE STATEMENT THAT "THE PERSON AND/OR PERSONS WHO MURDERED SHEILA GINSBERG HAD LEFT AND BEEN LONG GONE."
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO ORDER A MISTRIAL WHEN A COMMONWEALTH WITNESS DETECTIVE POTTS TESTIFIED THAT THE PETITIONER STATED THAT HE HAD GIVEN THE PHONY NAME BECAUSE "HE AND HIS FRIENDS HAD BEEN SMOKING CRACK IN THE HOUSE."
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED WHEN IT REFUSED TO ORDER A MISTRIAL WHEN THE COMMONWEALTH LEARNED THAT SANDRA WILSON HAD BEEN IN THE BUCK COUNTY PRISON AT THE TIME WHEN SHE TESTIFIED THAT SHE HAD MADE CERTAIN OBSERVATIONS.
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH KNOWLEDGE OF PERJURED TESTIMONY MADE REFERENCES IN COMMONWEALTH CLOSING ALL DEFENSE WITNESSES SHOULD BE VIEWED AS TAINTED, THE COURT ERRED BY REFUSING TO GRANT MISTRIAL OR GIVE CAUTIONARY INSTRUCTION TO THE JURY
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN NOT GRANTING THE PETITIONER'S MOTION TO EXCLUDE NEGROID HAIRS AT THE CRIME SCENE, AS THESE HAIRS WERE FRAGANENTS AND WERE NOT SUITABLE FOR COMPARISON TO ANY OTHER NEGROID HAIRS OR TO ONE ANOTHER
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN NOT SUPPRESSING STATEMENTS ALLEGEDLY MADE BY THE PETITIONER ON APRIL 2, 1991, MAY 2, 1991, AND JUNE 14, 1991, THE PROCEDURE AND PRACTICE OF MIRANDA WARNINGS WERE NOT GIVEN NOR PRACTICE, AND OBSTRUCTED JUSTICE
THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH REFERRED TO ANOTHER DEFENSE
Whether the petitioner's constitutional rights of due process and equal protection were violated in the lower court proceedings