Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus
Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel
QUESTION(S) PRESENTED : 7 | 1. Was the State Court’s rejection of the Petitioner’s claim that he was , constructively denied the assistance of counsel, when the State Court failed : ; . fo provide the Petitioner an instantaneous means of communicating with . a Trial Counsel, while Trial Counsel was conducting cfoss-examination of a : child witness in a separate room, contrary to or an unreasonable application . : of clearly established federal law as determined by this Court? (issue One) _ * _ 2. Did the Eleventh Circuit err in denying the Petitioner a Certificate of Appealability on the issue of whether the Petitioner was constructively denied the assistance of counsel? (Issue One) 3. Was the Petitioners Right to Due Process violated when, without his knowledge or approval, his attorney waived his presence at a pretrial hearing that he had a right to attend? (Issue Two) ; ;