Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al.
FifthAmendment CriminalProcedure
Question One
Did the trial court error in violating the petitioner's 5th and 14th Amendment rights to appeal the petitioner's first conviction, by failing to provide a proper use thereof records and transcripts of the first trial, which were needed for a direct appeal?
Question Two
Did the Appellate Court violate the 5th and 14th Amendments in denying the petitioner to dismiss (the indictment) and the Motion for a New Trial and the Petition for (Writ to Show Cause) on July 31, 2003?
Question Three
Did the trial court in the second trial violate the petitioner's 5th and 14th Amendment rights under the U.S. Constitution trying the petitioner on the same indictment putting the petitioner twice in jeopardy (double jeopardy) on the same charge?
Question Four
Did the trial court error in failing to suppress due process 6th Amendment sheriff's detectives violating the petitioner's 5th Amendment rights (U.S. Constitution) by not properly reading the petitioner's Miranda (Miranda warning) interrogation rights both at the hospital and at the county jail?
Question Five
Did the Cochise County Sheriff's Department violate the petitioner's 4th and 14th Amendment (U.S. Constitution) rights with the forced entry of the petitioner's residence? Did the warring cup the crime contaminated when the body was moved before the proper investigatory authorities arrived. Did the trial court error when it denied the petitioner's "Motion to Suppress for Illegal Entry"?
Question Six
Did the trial court violate the petitioner's 5th and 14th Amendment (U.S. Constitution) rights when it denied the petitioner's "Motion to Dismiss the Indictment" or the motion in alternative remand back for re-determination of probable cause?
Question Seven
The petitioner's 6th Amendment (U.S. Constitution) right to a complete defense violated when the State of Arizona allowed/forced that the body of evidence before the defense had an opportunity to have experts examine the body/evidence and investigate the petitioner and Arizona's position's defense?
Question Eight
Did the jury instructions provided by the state and defining "premeditation" as the prosecution desired, in order to justify it's definition of first degree improperly provide a misleading of the burden of proof concerning the state's assertion of premeditation?
Question Nine
Did the trial court in the second trial violate the petitioner's 6th and 14th Amendment (U.S. Constitution) rights, by not having a judge step in and the motion as to judge vocate abuse by sentencing the petitioner, knowing he has ruled in the previous trial (and that it was overturned)? Did Judge Weisgart error by not recusing himself from the second trial?
Question Ten
Did the trial court error in the decision and order dated Feb. 20, 2016, that trial court stated in paragraph part: In his response to the petitioner's petition for post conviction relief, the defendant (petitioner) raises an analyzable issue, here the 2002 testimony of Dr. Tropeta qualify as newly discovered evidence which relates to all fundamental structural and plain errors as well as violations of the 5th, 6th, 8th and 14th Amendments of the U.S. Constitution and State of Arizona Constitution articles 2 and 6 which results in a Brady violation?
Did the trial court err in violating the Petitioner's 5th and 6th Amendment rights, by failing to provide/produce the records and transcripts of the first trial, which were needed for a direct appeal?