Shawn Rogers Malloy v. Pennsylvania
1. Does the prosecution's retention of, failure to
quarantine, and failure to disclose possession of a
criminal defendant's legal strategy notes, prepared with his attorney, violate the defendant's due process
rights under the Fifth and Fourteenth Amendments
of the United States Constitution, including as stated
in Brady v. Maryland and California v. Trombetta?
2. Does the prosecution's retention of, failure to
quarantine, and failure to disclose possession of a
criminal defendant's legal strategy notes, prepared
with his attorney, violate the defendant's right to counsel guaranteed by the Sixth Amendment of the
United States Constitution, as it is inextricably linked
to the protection of attorney-client work product, including as stated in United States v. Nobles?
3. Does the Pennsylvania trial court's and appellate
courts' use of a false-in-one, false-in-all standard
jury instruction as the sole remedy for prosecutorial misconduct violate the Morrison standard for tailoring
remedies in proportion to the constitutional violation?
4. Does the Pennsylvania trial court's and appellate
courts' placement of the burden of proof on the criminal
defendant related to the prejudice the prosecution's retention of, failure to quarantine and failure to
disclose possession of the defendant's legal strategy
notes prepared with his attorney violate Berger and
its progeny?
Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, prepared with his attorney, violate the defendant's due process rights and right to counsel?