FourthAmendment DueProcess FifthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
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QUESTIONS PRESENTED Question 1 Under the Fourth Amendment to the United States Constitution, as codified by County of , _ Riverside v. McLaughlin, 500 U.S. 44 (1991), may law enforcement delay a warrantless arrestee’s constitutional rights to a Gerstein hearing, for investigative reasons, under any ; circumstances? . Question 2 Is the right of a criminal defendant to Effective Assistance of Counsel, as guaranteed by the United States Constitution and the Fifth, Sixth and Fourteenth Amendments, violated when his trial counsel fails to conduct discovery of his arrest, resulting in the State’s utilization of his inculpatory statement gathered during his illegal detention? Question 3 Are the actions of an appointed State Habeas Corpus counsel prejudicial, under the second prong ’ of the ineffective assistance of counsel test, when she informs the Court that any claims in which . the defendant was entitled to relief had been previously litigated, having had no conversation or: consultation with the defendant? Question 4 . Under the Supremacy Clause of the Federal Constitution, is it permissible for the State to invoke . res judicata to bar consideration of an issue that violates a defendant’s rights under the United. States Constitution? ‘ i