Does the failure of defense trial counsel to follow specific orders from the District Court constitute ineffective assistance of counsel?

QUESTIONS PRESENTED FOR REVIEW This Petition prays that the Court addresses a once novel issue which is quickly | becoming more prevalent nationwide. Many cases now rely on witnesses located outside of the country, who may not be able to be extradited or produced for testimony by traditional means. The procedure for producing and preserving the testimony of these witnesses must be clear, uniform and authoritative, and in line with the guaranteed rights of petitioners as set forth in the Constitution, as well as with the precedent of this Court’s prior holdings. This Petition presents the following questions: | 1. Does the failure of defense trial counsel to follow specific orders from the | District Court, as to how to preserve testimony of material witnesses located outside the country, constitute ineffective assistance of counsel? 2. Does Petitioner bear the burden under Strickland v. Washington) of | j demonstrating that material witnesses definitively would have been both available and able to testify, had defense trial counsel followed the orders of | the District Court, in order to establish prejudice? | | | | | ‘466 U.S. 668,104 S. Ct. 2052 (1984). 1