Lamar McKnight v. Josie Gastelo, Warden
DueProcess HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
I. Should a COA Have Been Granted to Decide If the
Trial Court's Admission of the Gang Expert's Testimonial Hearsay Deprived McKnight of His Right to Confront and Cross Examine Witnesses?
II. Should a COA Have Been Granted to Decide If the
Trial Court Violated McKnight's Right to Due Process and a Fair Trial by Allowing the Gang Expert to Opine that McKnight Acted in Conformity with Gang Members' Character Traits?
III. Should a COA Have Been Granted to Decide If the
Trial Court Violated McKnight's Right to Due Process and a Fair Trial by Issuing a Jury Instruction that Allowed the Jury to Convict McKnight on a Natural and Probable Consequences Theory?
IV. Should a COA Have Been Granted to Decide If the
Prosecution Failed to Present Substantial Evidence to Prove the "Primary Activities" Element of the Gang Enhancement and the Gang Special Circumstances?
Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to confront and cross-examine witnesses?