Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.
(1)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A
MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO
TRIAL BY JURY PRECEDENTS MISAPPREHEND THE FACTS AND
FAIL TO FIND PENNSYLVANIA 'S RULE 590 (C) UNCONSTITUTIONAL
IN GRANTING THE PROSECUTION THE RIGHT TO WAIVE TRIAL BY
JURY AT THE DEGREE OF GUILT HEARING WITHOUT GRANTING
PETITIONER A RECIPROCAL RIGHT TO DEMAND A TRIAL BY JURY
AT THE DEGREE OF GUILT HEARING?
(2)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF
SUPREME COURT PRECEDENTS GUARANTEEING A CRIMINAL
DEFENDANT THE RIGHT TO DUE PROCESS UNDER THE
FOURTEENTH AMENDMENT FAIL TO FIND THE PROCEDURE SET
FORTH IN PENNSYLVANIA 'S RULE 590 (C) UNCONSTITUTIONAL IN
PROCURING APPRENDI RIGHTS WHEN DEFENDANT PLEADS
GUILTY TO MURDER GENERALLY?
Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding jury trial rights and degree of guilt hearings?