Ineffective-assistance-of-counsel

QUESTIONS PRESENTED : 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confrontation Clause in the U.S. : . Constitution. Petitioner was convicted in large part due to the admission of the phone’ records that were identified by a statement of a detective as to the petitioner phone ; number records, then the phone records were used to rebut petitioner’s version of the / events. Without the statement of this detective the Commonwealth could not had linked the phone records to Petitioner, and without these phone records, and the subsequent expert testimony regarding them, the jury might have had reasonable doubts as to my guilt on every charge, rather than, as the Court related at sentencing, finding me . incredible. In denying the petition for a Certificate of Appealability, deny leave to 7 proceed in forma pauperis and dismiss the appeal the Fourth Circuit concluded that Petitioner has not made the requisite showing. The case thus presents the following question. a Did the Fourth Circuit Err in deferring to the State Court finding that Petitioner has failed to satisfies.the ‘performance’ or the ‘prejudice’ prong of the two part test enunciated in Strickland. When trial Counsel allowed testimony and evidence to be presented to the jury in Violation of the Confrontation Clause and when the Fourth Circuit decision was based on an unreasonable determination of the facts? . . 2-Petitioner alleges that his trial counsel was ineffective by failing to call his wife __ to testify at trial to contradict the Commonwealth’s version of the events. Petitioner was . . convicted in part due to the commonwealth’s argument that Petitioner’s phone could not , receive any phone calls from his wife as petitioner said. The omitted witness would have . i testified that she called petitioner the night of the events as petitioner said. In denying the petition for a Certificate of Appealability, deny leave to proceed in forma pauperis and . . dismiss the appeal the Fourth Circuit concluded that Petitioner has not made the requisite . showing. The case thus presents the following question. : Did the Fourth Circuit Err in deferring to the State Court finding that Petitioner has ~ failed to satisfies the ‘performance’ or the ‘prejudice’ prong of the two part test * enunciated in Strickland. By his trial counsel’s failure to call a witness who would have : , impeached the State’s argument when the Fourth Circuit decision was based on an . . unreasonable determination of facts and a flagrant misreading of the ‘trial record? 3-Petitioner’s alleges that his trial counsel was ineffective by failing to argue the sufficiency of the evidence, and the lack thereof, to establish guilt. Petitioner’s was ; , . convicted in part because of how the prosecutor manipulated the evidence when presented this to the jury and not challenged by counsel. This arguments that appellate . counsel omitted from my direct appeal despite his belief that they were meritorious . during his argument at trial, that there existed no evidence to support a lack of consent to the sexual activity, is much stronger that 6 of the 13 presented at appeal, If he felt they _ : ; were important to raise at trial, why would he omit them from the reviewing courts for error on appeal. In denying the petition for a Certificate of Appealability, deny leave to . proceed in forma pauperis and dismiss the appeal the Fourth Circuit concluded that Petitioner has not made the requisite showing, The case thus presents the following question. ; n Did the Fourth Circuit Err in deferring to the State Court finding that Petitioner has . failed to satisfies the ‘performance’ or the ‘prejudice’ prong of the two part test . ; . ii enunciated in Strickland. By Counsel’s failure to argue the sufficiency of the evidence, é and the lack thereof, to establish guilt when the Fourth Circuit decision was based on an > unreasonable de