Yancey J. Myers v. United States
FifthAmendment DueProcess HabeasCorpus
1) . Where a disqualified trial judge recuses himself due to substantial
prejudice/bias ; POSTCONVICTION! is there a structural error because said
judge already presided/heard as accuser and adjudicator?
2) . Does abuse of discretion or a structural error arise.* when a claim
of jury misconduct,a hearing, and motion for new/mistrial is denied by
a trial judge later disqualified for prejudice/bias?
3) .When the verdict form, and the jury instructions essential elements
are altered from the charge in the indictment can a conviction stand or
is it grounds for dismissal of that count or the indictment as a whole?
4) . Can a claim of actual innocence made prior to a 2255 but denied, v
provide for equittable tolling of the statue of limitations of a 2255?
5) . Where the U.S. Constitution prohibits Ex-Post Facto laws, what is
the meaning and/or extent of the meaning "prohibits" when a lower court
allows anGadmitted ex-post facto violation as a harmless error?
6) . When the government admits that the answer to a deliberation questi
ion (expert testimony not turned over to defense before trial)"is not
part of the evidence" has the government admitted a brady violation
due to the answer presumbly affecting the verdict?
7) i.' When a government expert witness falsettestimony/mistake goes un
corrected, ,can said conviction be upheld, when the testimony placed a
substantial prejudice on the juries verdict?
8) . When defense counsel makes a erroneous concession of guilt in final
arguments, with no admission of guilt from the defendant, can such pre
judice make cocivictibn reliable'.on ' evidence-or erroneous concession ?
Whether a disqualified trial judge's recusal due to substantial prejudice constitutes a structural error when the judge previously presided as both accuser and adjudicator, and whether jury misconduct and altered verdict forms can invalidate a conviction