Aurelio Fidencio Saldivar v. G. D. Lewis, Warden
DueProcess HabeasCorpus
Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical tactical rationales for trial counsel's challenged acts or omissions?
QUESTIONS PRESENTED FOR REVIEW 1. Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical tactical rationales for trial counsel’s challenged acts or omissions? 2. Did Aurelio Saldivar’s trial counsel render constitutionally ineffective assistance by failing to object to inflammatory and irrelevant evidence about gangs and their practices, introducing harmful evidence, conceding that Saldivar’s gang qualified for California’s sentencing enhancement, and failing to request appropriate limiting instructions?