Timothy J. Kaprelian v. Lizzie Tegels, Warden
DueProcess HabeasCorpus
Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed
QUESTION(S) PRESENTED (9) 1. Is a Criminal Defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed. 2. Can a defendant's waiver be deemed knowingly, intelligently ‘or voluntarily entered into, in the absence of this withheld * evidence. . 3. Was the defendant's trial counsel's performence adversely affected by this withheld evidence. 4. Is this defendant denied due process and suffers prejudice when he enters into a agreement without appraising this withheld evidence. 5. Is withholding exculpatory evidence a violation of the plea agreement. 6. Can a Petitioner procedurally default claims if the habeas court does not do a "look through" from a summary decision to the last related state-court decision's relevant rationale. f, 7. Can ineffective assistance claims be properly adjudicated without an adequate record before the habeas court. : 8. If the Petitioner was diligent in the state courts in trying to develop the record and was denied at each level, is he entitled to an evidentiary hearing in the habeas court. ; 9. Did the United States Court of Appeals for the Seventh Circuit use a standard in denying a certificate of appealability that : violates this court's authoritative construction under precedent and 28 u.s.c.s §2253 (C)(2).