(Download) "Jackson V. Shanks" by Tenth Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Jackson V. Shanks
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 05, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Petitioner-appellant Feldon Jackson Jr. appeals from the district court's denial of relief. 28 U.S.C. § 2254. Upon recommendation of the magistrate, the district court refused to grant Mr. Jackson a certificate of appealability and dismissed his petition. On appeal, Mr. Jackson advances numerous issues: (1) the death qualification of the jury pool prior to the selection of a panel for the guilt phase violated due process; (2) the admission of two autopsy photos, a victim's blood-covered clothing, and the prosecutor's inquiry "You did not happen to ask someone . . . how it felt to kill somebody?" individually and cumulatively deprived Mr. Jackson of a fair trial; (3) the inadvertent submission to the jury of a hearing transcript not admitted into evidence deprived Mr. Jackson of an impartial jury and due process; (4) Mr. Jackson's trial and appellate counsel rendered ineffective assistance; (5) several instances of alleged prosecutorial misconduct deprived Mr. Jackson of a fair trial and impartial jury; (6) the trial court failed to submit an instruction on diminished capacity to the jury in violation of due process; (7) Mr. Jackson was deprived of due process and an impartial jury when a juror and two witnesses were exposed to television coverage of the trial and the trial court refused to allow the jury to review transcripts of witness testimony; (8) the trial court lacked jurisdiction to try Mr. Jackson because he had not been served with a signed copy of the indictment; and (9) Mr. Jackson's convictions for felony murder and the underlying offense of armed robbery violated the double jeopardy clause. Our jurisdiction arises under 28 U.S.C. §§ 1291 and 2253. We construe Mr. Jackson's request for a certificate of appealability as a request for a certificate of probable cause, *fn1 grant it, and affirm the district court's dismissal of his petition.
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