Jamal A. Azeez v. West Virginia
1. Did the lower court condone systemic injustice against Petitioner ("Azeez "),
a colored citizen, knowing that he was falsely arrested and indicted twice 1 by
the same officer that used blatant and willful perjuries because he believed
Azeez was "illegal in the country "?
2. Whether Azeez claim of actual innocence, as proven, was ignored by the
lower court, as espoused in the precedence set in McQuiggins v. Perkins, 569
U.S. 383 (2013), in which this Court held with abundance of clarity that "actual
innocence, if proven, is sufficient to circumvent the one-year 2 statute of
limitations for petitioners to appeal their conviction enacted within the
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) ". The late
Justice Ruth Bader Ginsberg (RIP) held: "Actual innocence, if proved, serves
as a gateway through which a petitioner may pass whether the impediment is a
procedural bar, such res judicata, collateral estoppel, as it was in Schlup v.
Delo. 513 U. S. 298, and House v. Bell. 547 U. S. 518, or expiration of the
AEDPA statute of limitations, as in this case. Pp. 7—14". The Court has applied
this "fundamental miscarriage of justice exception " to overcome various
procedural defaults, including, res judicata, collateral estoppel, and as most
relevant here, failure to observe state procedural rules, such as filing
deadlines.
3. Did this case provide a classical example of 'exceptional circumstances ' to
invoke a review knowing that the petitioner, must register for life as a
violent sexual offender under the 1996 Megan laws, as a Level 2 offender that
can never be downgraded, when such consequence did not exist in his 1987
conviction in violation on the U.S. Constitution Ex Post Facto laws?
4. Since this Court recently made changes in (Batson v. Kentucky. 476 U.S. 79)
regarding race-biased jury 3 and peremptory challenges, did the lower court
ignore 2 newly-discovered evidences (Background Arrest record and Affidavit);
which prove that the only black juror was kicked out based upon a
fraudulent statement ("Juror Johnson may have been arrested, we don 't know ")
by the prosecutor that was conspiratorially not verified by the trial judge?
Did the lower court condone systemic injustice against Petitioner?