Stewart Smith v. Laurel Harry, Superintendent, State Correctional Institution at Camp Hill, et al.
WAS PETITIONER'S GUILTY VERDICT OBTAINED AND SUSTAINED IN VIOLATION OF DUE PROCESS, PROSECUTORIAL MISCONDUCT, INEFFECTIVE ASSISTANCE OF COUNSEL, BIAS, PARTIAL PCRA JURIST WARRANTING HABEAS RELIEF WHERE THE DISTRICT COURT FAILED TO LIBERALLY CONTRUE PRO SE PETITION WHICH PROVIDED CAUSE TO EXCUSE HIS DEFAULTED CLAIMS?
DID THE COURTS BELOW COMMIT REVERSIBLYERROR DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY ("COA") ON THE ISSUE OF CUASE TO EXCUSE HIS PROCEDURALY DEFAULTED CLAIMS WHERE PETITIONER PROVIDED CAUSE IN, INTER ALIA, HIS HABEAS PETITION CLAIM SEVEN?
DID THE COURTS BELOW COMMIT REVERSIBLE ERROR DENYING PETITIONER'S HABEAS PETITION WHEN IT FAILED TO LIBERALLY CONTRUE PETITION WITHOUT CONDUCTING AN EVIDENTIARY HEARING ON BOTH HIS CLAIMS AND CAUSE TO EXCUSE HIS PROCEDURALLY DEFAULTED CLAIMS?
Was petitioner's guilty verdict obtained and sustained in violation of due process, prosecutorial misconduct, ineffective assistance of counsel, bias, partial PCRA jurist warranting habeas relief where the district court failed to liberally construe pro se petition which provided cause to excuse his defaulted claims?