Patrick Joseph Kofalt v. United States
FourthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
Questions Presented DATE: 02/20/2019 09:21:24 AM : QUESTIONS PRESENTED |. Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-" free representation? Il. Did the Third Circuit egregiously err by considering (i.e., summarily "rubber-stamp" denying) constitutional issues not passed upon below which -under controlling authority -must be addressed by the district court in the first instance? Ill. Did both lower courts err by completely ignoring controlling authority from this Court in Lee v. United States, 137 S.Ct. 1958 (2017) regarding Petitioner's plea agreement not being knowing and voluntary? IV. Did both lower courts err by completely ignoring a staggering amount of uncontested new evidence and controlling authority conceded by the United States regarding Petitioner receiving ineffective assistance of counsel in violation of the Sixth Amendment?