Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al.
DueProcess HabeasCorpus
A. Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry when prosecutors resurrect a charge which was known to them and pending for nearly 5 years and only filed on the day a person exercises his rights and wins a motion to suppress on a different case?
B. In the interest of justice and for the concern of the public should a criminal case be dismissed if someone is imprisoned, deprived of their liberty, and punished for exercising legal protected rights?
C. When charges are filed with no action taken in a case for several years and only resurrected on the day a person invokes his constitutional rights in a subsequent case and prevails does this violate one's speedy trial rights as articulated in Barker v. Wingo?
Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry