Emerson L. Beverly v. Sherry L. Burt, Warden
DueProcess
I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S
DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY
DENYING PETITIONER A FAIR TRIAL IN VIOLATION OF THE 6TH AND 14TH
AMENDMENTS?
II. DID FAILURE TO BE CONSISTENT DEPRIVE PETITIONER OF NOTICE THAT
HE WAS NOT WELCOME IN THE VICTIM 'S HOME WHICH EXCUSES THE
ENTRY RENDERING THE CONVICTION INSUFFICIENT IN VIOLATION OF
THE 14TH AMENDMENT?
III. DOES THE CONSIDERATION OF INACCURATE AND UNSUPPORTED
INFORMATION VIOLATE TOWNSEND V BURKE, 334 U.S. 736
RENDERING THE SENTENCE A VIOLATION OF DUE PROCESS?
IV. IS A COMBINED 50 YEARS FOR AN ASSAULT AND HOME
INVASION A VIOLATION OF THE EIGHTH AMENDMENT?
Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in violation of the 6th and 14th Amendments?