Dan L. Bozeman v. James R. Schiebner, Warden

To The Court Issue I: Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone V. Powell, 428 U.S. 465 (1976) If Trail And Appellate Counsel Failed To Raise The Issue, Forcing A Defendant To Raise The Issue For The First Time Pro Se In A Post Appeal Relief From Judgment Motion That Was Ruled On The Merits Only Once By Trial Court And Then Denied Leave Or Denied A Review Of The Merits In Every Following State And Federal Court? Was There Probable Cause To Arrest The Defendant Without A Warrant; And Was The Identification Evidence And Testimony Given By The Victim Thomas Jackson At Trial Fruits Of A Poisonous Tree? Issue II: Was The Defendant Denied Effective Assistance Of Counsel When: Defense Counsel Failed To Move For Suppression Of Pretrial Photographic Identification From Complainant Thomas Jackson On Grounds Of The Identification Being Direct "Fruit" Of An Illegal Arrest In Violation Of Defendant's State And Federal Constitutional Protections? Appellate Counsel Failed To Bring The Above Issues Forth On Direct Appeal; As They Are Stronger Than The Claims Raised? Issue III: Was Petitioner Denied His State And Federal Constitutional Rights To Fair Trial By The Trial Judge, Who Permitted Witness Against Co-defendant Lepper Only To Testify In The Presence Of Petitioners Separate Jury?