Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al.

DID THE COURT VIOLATE PETITIONER'S 6TH AND 14TH AMENDMENT CONSTITUTIONAL RIGHTS VIA REFUSING TO GRANT PETITIONER'S REQUEST FOR A CONTINUANCE TO WHERE ATTORNEY BOGGS INFORMED PETITIONER, ON THE DAY TRIAL WAS TO BEGIN, THAT HE HAD A CONFLICT OF INTEREST ?.......... 3

WAS THE PETITIONER DENIED HIS CONSTITUTIONAL RIGHT TO SELF REPRESENTATION ?...... ...6

DID ATTORNEY BOGGS CONCEDE GUILT IN HIS OPENING STATEMENTS TO THE JURY AND DEPRIVE PETITIONER OF HIS 6TH AND 1 4TH AMENDMENT CONSTITUTIONAL RIGHTS ?........ ....... ....... ....8

DID THE TRIAL COURT COMMIT STRUCTURAL ERROR AND VIOLATE PETITIONER’S CONSTITUTIONAL RIGHT TO A PUBLIC TRIAL UNDER THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION.... 9

DID THE PROSECUTION EXERCISE EGREGIOUS MISCONDUCT VIA WITHHOLDING FAVORABLE EXCULPATORY EVIDENCE AT TRIAL OF WHICH VIOLATED DUE PROCESS UNDER THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?..... ........ . ............ ..10

DID THE COMMONWEALTH PURPOSELY EXCLUDE MEMBERS OF () PETITIONER’S RACE FROM SERVICE ON THE PETITE JURY AND (ON) THE VENTRE, (WHERE) PETITIONER’S RACE WAS SUBSTANTIALLY UNDER REPRESENTED ?.................... 14

DID ATTORNEY BOGGS RENDER INEFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL AND VIOLATE THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?............ 17

WAS TRIAL COUNSEL INEFFECTIVE AND ALL SUBSEQUENT COUNSEL INEFFECTIVE IN FAILING TO RAISE RECORD-BASED CLAIMS OBVIOUS FROM THE FACE OF THE RECORD, IN VIOLATION OF THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?......... .....20

IS PETITIONER'S SENTENCE FOR THE CHARGE OF PWID UNDER THE STATUTE PA.C.S.A. 7508 UNCONSTITUTIONAL AND UNENFORCABLE ?...23

DID THE TRIAL COURT VIOLATE THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION WHEN IT INVOKED AND FAILED TO ADHERE TO THE DICTATES OF 42 PA.C.S.A. 9714 ?........... .....24 11 ) (i)