Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections
1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE
DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR
TRIAL, THUS DENYING HIM THE ONLY EVIDENCE THAT WAS
AVAIABLE TO PROVE HIS INNOCENCE?
2. DID TESTIMONY OF THE DNA EVIDENCE THAT WAS DESTROYED
PRIOR TO TRIAL CONSTITUTE INADMISSIBLE HEARSAY
DENYING PETITIONER HIS CONSTITUTIONAL RIGHT TO
CONFRONTATION?
3. DID THE STATE TRIAL COURT RELY ON IMPERMISSIBLE
FACTORS TO INCREASE THE SENTENCE IN THIS CASE?
4. DID THE TRIAL COURT VIOLATE THE DICTATES OF ALLEYNE
AND APPRENDI BY INCREASING THE SENTENCE WITHOUT A
SPECIFIC SENTENCING ENHANCEMENT FACTOR FOUND BY THE
JURY?
did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial