THE MANIFEST WEIGHT OF THE EVIDENCE WHICH IS EVIDENCE INSUFFICIENT TO SUPPORT SAID CONVICTION FOR MURDER.
VII. THE TRIAL COURT ERRED IN ITS FAILURE TO PROPERLY INSTRUCT THE JURY FAILING TO INSTRUCT THE JURY ON ACCIDENT WHERE IT WAS ASSERTED BY DEFENSE COUNSEL AS AN AFFIRMATIVE DEFENSE WHERE SUCH ACTION BY THE COURT DENIED DUE PROCESS TO A FAIR AND IMPARTIAL HEARING WAS PLAIN ERROR CRIM. R. 52(B).
A. TRIAL COURT ERRED ABUSING ITS DISCRETION FAILING TO INSTRUCT JURY ON ACCIDENT WHERE THE DEFENSE COUNSEL SUBMITTED AFFIRMATIVE DEFENSE ON AN ACCIDENTAL DEATH.
B. TRIAL COURT ERRED ABUSING ITS DISCRETION BY FAILING TO SUBMIT AFFIRMATIVE DEFENSE BEFORE THE JURY, WHICH WAS ABANDONED BY THE COURT LED TO PREJUDICIAL ERROR.
VIII. THE DEFENDANT-PETITIONER, ABDUL SHARIF WAS DENIED DUE PROCESS AND EQUAL PROTECTION UNDER THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE I SECTION 10 AND 16 OF THE OHIO CONSTITUTION WHERE HE WAS SUBJECTED TO PROSECUTORIAL MISCONDUCT DURING JURY TRIAL RENDERING TRIAL UNFAIR AND IMPARTIAL RESULTING IN PREJUDICIAL ERROR CRIM. R. 52(B).
A. THE PROSECUTION FAILED TO DISCLOSE FAVORABLE EXCULPATORY EVIDENCE TO THE DEFENSE SO AS TO AVOID DENIAL OF THE ACCUSED'S DUE PROCESS RIGHT TO A FAIR TRIAL.
B. DEFENDANT ABDUL SHARIF WAS PREJUDICED BY COMMENTS MADE BY THE PROSECUTION'S REMARK TO THE JURY WHICH WAS NOT CURED BY THE TRIAL COURT AND WAS PREJUDICIAL ERROR CRIM. R. 52(B) AND DENIED MR. SHARIF A FAIR TRIAL AND DUE PROCESS UNDER THE FOURTEENTH AMENDMENT.
IX. THE DEFENDANT-PETITIONER ABDUL SHARIF WAS DENID THE REASONABLE EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ARTICLE I SECTIONS 10 AND 16 OF THE OHIO CONSTITUTION.
A. TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL IN FAILING TO OBJECT TO THE ADMISSION OF A PICTURE OF THE SHOTGUN WHERE POLICE OFFICER TESTIFIED THAT HE HAD TAMPERED WITH EVIDENCE (SHOTGUN) BEFORE PICTURE WAS TAKEN.
B. TRIAL COUNSEL WAS EQUALLY INEFFECTIVE IN WITHHOLDING THE EVIDENCE THAT THE GUNSHOT WENT INTO THE CEILING AND FURTHER FAILING TO SUBPOENA LANDLORD WHO COULD TESTIFY THAT THE BLAST FROM THE SHOTGUN WENT INTO THE CEILING.
C. THE EFFECT OF CUMULATIVE ERRORS BY TRIAL COUNSEL NUMBER OF DEFICIENCIES CAUSE CUMULATIVE PREJUDICE TO THE DEFENDANT CAUSING PLAIN ERROR, CRIM. R. 52(B) ON THE RECORD.
X. THE DEFENDANT-PETITIONER ABDUL SHARIF WAS DENIED DUE PROCESS UNDER THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE I SS 10 AND 16 OF THE OHIO CONSTITUTION IN THAT SHARIF WAS GIVEN NOTICE OF THE CHARGES AGAINST HIM WHEN TRIAL COURT AMENDED INDICTMENT WHICH DENIED HIM ADEQUATE PREPARATION OF HIS DEFENSE WAS PLAIN ERROR UNDER CRIM R. 52 (B) RESULTED IN PREJUDICE RENDERING THE TRIAL UNFAIR.