No. 24-5589

In Re Joseph G. Aulisio

Lower Court: N/A
Docketed: 2024-09-20
Status: Denied
Type: IFP
IFP
Tags: cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-10-11
Question Presented (from Petition)

1. Is it Prosecutorial Misconduct and Complicity in Perjury when a
Prosecutor Concedes during closing argument.a; critical material witnesses
testimony is IMPOSSIBLE... instead of correcting the acknowledged FALSE
TESTIMONY so the jury doesn't base its verdict upon it... tells the jury
other Misleading facts not in evidence to change- make known false testimony
appear worthy of belief and allows jury to render a verdict upon known false
testimony to deny fair trial and prejudice any chance of acquittal...
establish cause and prejudice exception to adjudicate unexhausted/ defaulted
claims ?

2. Does conceding a critical material witness testimony is false by
calling it "IMPOSSIBLE" and failing to correct it and elicit the truth
conceding the'false "IMPOSSIBLE" testimony "Gould have.affected the judgment
of the jury" and "May hdve M contributed to the verdict*!.' i.' prove all ' the
elements in a GIGLIO violation. Does'a SUBSTANTIATED 1 GIGLIO claim establishand • • •
cause and prejudice exception ?

3. Does conceding a critical material witness testimony determinative of
"FLAWED" "DEFECTIVE" and "QUESTIONABLE" require guilt or innocence is
reversal per-se because the testimony is "TAINTED" without having to amount
to perjury under the Supreme Courts Mesarosh case... establish cause and
prejudice exception to adjudicate defaulted claims ?

4. When a Prosecutor introduces "SUGGESTED" facts not in evidence- hot
testified to, during closing argument- violate my right to Confrontation,
right to be tried solely upon evidence admitted into evidence, due process
and right to a fair trial and presumption of innocence
VOUCHING by suggesting Misleading outside facts to fool/ persuade jury to
trust States judgment instead of their own and mislead jury to believe
something the Prosecutor knew to be impossible and false. .. establish cause
and prejudice exception ?

5. Can a conviction be upheld, left to stand- when incontrovertible
physical facts and laws of nature prove critical material witnesses
testimonies are incapable of being true- should evidence incapable of being
true be totally rejected as a matter of law, and allowing a jury to base a
verdict upon same- a subversion of justice and any verdict based upon it
cannot stand under Pennsylvania law establish cause and prejudice exception ?

6. Can a conviction voided by substantive rights violations including
the knowing use of false testimony be left in place" bnd xUncon^titutiorial 1and constitute
Incarceration be allowed to continue because the Substantiated claims are
procedurally defaulted. .. or must all impediments preventing review of void
conviction yield to the imperative or correcting Unconstitutional
Incarceration that violates the Eighth Amendment- does an Eighth Amendment
violation establish cause and prejudice exception ?

7. Where trial Prosecutor acknowledges critical material -testimony is
Flawed, Defective and Impossible- proving the itestimony Is. false, ;fails to,
correct it and misleads the jury to believe it and bases a verdict upon it
-constitute o Miscarriage of Justice exception or establish cause and
prejudice exception to adjudicate defaulted claims ?

8. Is cause and prejudice or Manifest Injustice or Shocks the Conscience
exceptions

Question Presented (AI Summary)

Whether prosecutorial misconduct, false testimony, and failure to correct known false evidence constitute a violation of due process and grounds for overturning a conviction

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-09
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Joseph G. Aulisio
Joseph G. Aulisio — Petitioner