Ricardo Guerrero v. United States
DueProcess HabeasCorpus
Whether the habeas corpus statute at Rule 5(b) mandates the government to address the petitioner's allegations, allowing the district court to circumvent the petitioner's right to evidentiary hearings for disputed facts regarding ineffective assistance of trial counsel
QUESTION PRESENTED THE PROVISIONS OF THE HABEAS CORPUS STATUTE AT RULE 5(b), MANDATES ANSWER TO ALLEGATIONS PRESENTED THE GOVERNMENT'S FAILURE TO ADDRESS THE ISSUE ALLOWS THE DISTRICT COURT TO CIRCUMVENT THE PETITIONER'S RIGHT TO EVIDENTIARY HEARINGS FOR FACTS IN DISPUTE IN A MATTER OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, THE ARCUMENT HAS NOT BEEN ADDRESSED BY THE COURT EITHER. TRIAL COUNSEL MISREPRESENTED THE LAW WITH REGARD TO APPOINTMENTS OF EXPERT SERVICES FOR A CLIENT RETAINED AS‘RESULT OF CRINTMAL JUSTICE ACT APPOINTMENT, THEREBY BY VESTING THE CLIENT WITH THE SUBSTANTIVE AND PROCEDURAL RIGHTS PROVISIONED BY THE TERMS OF THE STATUTE. MOREOVER, TRIAL COUNSEL PREVENTED THE PETITONER'S REVIEW OF § 3500(b) MATERIALS POST TESTIMONY OF WITNESS CARMEN SANCHEZ. cay ié