John J. Moore, Jr. v. Michael Stephan, Warden
DueProcess
Whether the State Court's determination of factual issues is presumed correct or should have been presumed correct, and whether Petitioner sustained his burden of overcoming this presumption by clear and convincing evidence which outlined clearly, ineffective assistance of counsel
QUESTION(S) PRESENTED 1. Whether the State Court's determination of factual issues is . or should have been presumed correct. And whether Petitioner sustained his burden of overcoming this presumption by clear and con: vincing evidence which outlined clearly, ineffective assistance of counsel? 2. Whether based on ineffective assistance of counsel, in violation of Petitioner's Sixth and .Fourteenth Amendment rights. Could he have received any semblance of a fair trial? ; 3. Finally, in light of Holmes v. South Carolina, 547 U.S. 319, 324 (2006), whether the State of South Carolina institute yet another evidentiary rule during the PCR hearing, to prevent the applicant from presenting a ‘complete PCR case'?