Memorandum of Points and Authorities A. Preliminary - Justice Denied

as of March, 2007. Bruce Lisker has gone from being a boy of 17 to a
man of 41 – well more than half his life – imprisoned for a crime for
which he would be promptly and correctly acquitted if he were to
receive a fair trial. Given the showing made at the federal evidentiary
hearing, he should not have to wait any longer.
This Court has the authority to grant such relief notwithstanding
the procedural bars against successive and untimely petitions. The
“fundamental miscarriage of justice” exception to those procedural bars
applies here because error of constitutional magnitude resulted in a
trial that was so fundamentally unfair that absent the error, no
reasonable judge or jury would have convicted Lisker.
Accordingly, this Court should order Respondent to file a formal
return to the false evidence claim, permit the filing of a traverse, and
proceed to adjudicate Lisker’s false evidence claim based on the
existing factual record and grant him as expeditiously as possible the
new trial to which he is entitled as a matter of law and justice.
This request by Lisker should not be taken to suggest that his
entitlement to relief on his other claims is less certain or compelling.
Rather, it is made because it is sufficient to provide Lisker with the
relief he seeks, and is the most expeditious means of doing so. If the
Court does not proceed in this manner, it should issue an order to show
cause as to all claims.
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