Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.
DueProcess CriminalProcedure HabeasCorpus Punishment Securities Privacy JusticiabilityDoctri
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to perfect that appeal constitutes ineffective assistance
QUESTIONS FOR REVIEW WHERE STATE STATUTES PROVIDE PRE-TRIAL aevoed FOR PROSECUTORIAL : OVERREACHING BY INTERLOCUTORY. APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT APPEAL CONSTITUTE INEFFECTIVENESS UNDER WHEN A TRIAL COURT IS INFORMED AND AWARE THAT A DEFENDANT IS NO . _ LONGER REPRESENTED BY COUNSEL: IS DISCRETION ABUSED AT ACCEPTING A ; WAIVER OF CONSTITUTIONAL RIGHTS FROM THAT COUNSEL WHICH CONFERS JURISDICTION BEYOND ITS LEGISLATIVE POWER, WITHOUT JUSTIFIABLE CAUSE, . NOTICE TO THE DEFENDANT, OR COLLOQUY ? | ANSWER: YES, DISCRETION IS ABUSED.