Marcel Malachowski v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
Did the denial of COA violate due process
QUESTIONS PRESENTED oe 1. Did The Denial of COA Violate Due’ Process Where The Second Circuit Court of Appeals Denied Effective And Meaningful Review As A Matter of Right When A Clear Claim of Ineffective Assistance of Counsel Was Deferred Fo Habeas Proceedings. ‘The Claim Presented On Direct Appeal Was Grounded Upon Government Misrepresentations Based Upon The Use of False Evidence . hich Influenced The Decision To Plead Guilty. . 2. Was The Second Circuit Court of Appeals Unreasonable In It's Threshold Evaluation of Petitioner's Constitutional Claims Under The Fifth And Sixth Amendments Where The District Court Held No Hearing In Resolution of Motion Brought Under §2255, 3. Did The District Court Error In Denying Petitioner's Claim That Prosecutorial Misrepresentations (Use of False Evidence) And Agent Misconduct (Evidence ; Tampering) Rendered Plea Involuntary And Unknowing. (i) ; : & . ,