Whether a federal appellate court fails to provide legitimate federal habeas review

QUESTIONS PRESENTED (1) Whether a federal appellate court fails to provide legitimate federal habeas review when it rejects an ineffective assistance of counsel claim solely on the performance prong, a prong never addressed by any state court or by the district court, based on assumptions and findings of fact that are contrary to the petitioner’s habeas allegations, that are not supported by the record before the court, and that have never been the subject of an evidentiary hearing. (2) Whether trial counsel involved in pre-trial plea negotiations has an obligation to examine his client's prior criminal history and determine his client's maximum sentencing exposure before advising him on a pending plea offer. i