Russell Patrick Brown v. Kenneth D. Hutchison, Warden
DueProcess
(1) Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required "premeditation" element of the offence?
(2) Since self-defense is a constitutionally protected conduct, then is it a due process violation for a trial court to refuse to give a self-defense instruction to the jury when it's an issue at trial or the evdience demonstrates the possibility thereof?
Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required 'premeditation' element of the offence?