I.
Did the Court of Appeals for the Seventh Circuit adopted
divergent interpretation of the Supreme Court of the United States
binding precedent case law Calderon v. Thompson , 523 U.S. 538(1998)
(mandate"shall not be recalled except to prevent injustice")
standard? Did Seventh Circuit adopt devergent interpretations of
Seventh Circuit's binding precedent case law Barnes v. Briley , 43
F. Appx' 966 (7th Cir.2002) standard by sua sponte denying In re:
Smith's motion to Recall Its Mandate, because the jury's verdict
is against the "overwhelming" weight of the evidence?
II.
Did Seventh Circuit cause controversy between the Third
Circuit's binding precedent case law Dunn v. Hovic ,13 F.3d 58, 60
(3d Cir. 1993) (recall appropriate when omitted postjudgment
interest), by seventh Circuit sua sponte denying In re: Smith's
motion for the Seventh Circuit to Recall Its(May 4, 2009) Mandate
because -his post direct appeal judgment showed evidence that his
"appellate" counsel only raised "one ground" for relief in his
appellate brief?
III.
Is a petitioner entitled to be heard in a Writ of Mandamus or
Writ of Prohibition, when a court of appeal refused to act when it
had no power to refuse?" Especially, when there is "overwheming"
evidence in the record showing that the jury's verdict is against
"overwheming" weight of evidence at trial? , And,.in. ■ addition , to
that injustice, Petitioner's appellate attorney had presented
only ["one ground"] for relief on his
appeal, in which, did not have any merits. And, that "one ground"
thedirect behalf on
was Unrelated as to any material evidence produced on
record at trial or sentencing critical stage of proceedings.
Did the Court of Appeals for the Seventh Circuit adopt a divergent interpretation of the Supreme Court of the United States binding precedent case law Calderon v. Thompson, 523 U.S.538(1998) (mandateshall not be recalled except to prevent injustice) standard?"