Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
WHEN A STATE TOGETHER WITH STATE'S EXPERT WITNESS CHANGE THE ORIGINAL VERSION OF MEDICAL EVIDENCE INTO A NEW COMPLETE DIFFERENT VERSION, TO LINK THE ACCUSED TO THE CRIME, IS IT CONSIDERED AN UNCONSTITUTIONAL DENIAL OF DUE PROCESS UNDER THE FOURTEENTH AMENDMENT ?
2. WHEN DEFENSE COUNSEL FAILED TO:
- PRESENT EXCULPATORY EVIDENCE;
- TO CROSS-EXAMINE AND CONFRONT THE STATE'S WITNESSES;
- TO OBJECT OR CORRECT FALSE AND MISLEADING INFORMATION;
- TO PRESENT A COMPLETE DEFENSE;
- TO USE EFFICIENTLY HER EXPERT FOR DEFENSE;
- TO INVESTIGATE THE MEDICAL EVIDENCE;
CAN ATRIBUTE THAT COUNSEL RENDERED ADEQUATE ASSISTANCE ?
When a state together with state's expert witness change the original version of medical evidence into a new complete different version, to link the accused to the crime, is it considered an unconstitutional denial of due process under the Fourteenth Amendment?