Kenneth K. DuVall v. Carlos Hernandez, Superintendent, Avery Mitchell Correctional Institution
1. Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 1st and 14th Amendment Rights to due process and access to the courts for judicial relief. In that the state twice punished Petitioner for the same offense? (And unlawfully time Barred Petitioner)
2. Was Judge Frank whitney ruling lacking as to enforcements of due process, due to the fact that the state of North Carolina has chosen to adopt the Federal indictment procedure, should not also the 5th Amendment Rights be granted to a state and Federal citizen?
3. Did the Federal courts allow the State of North Carolina to Keep this Petitioner unlawfully imprison under an unconstitutional statutes that being 14-27.7A; Amendments Rights?
Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 5th and 14th Amendment Rights to due process and access to the courts for judicial relief?