Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel

QUESTION(S) PRESENTED ; : 1). Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of. ineffective assistance of trial counsel in violation of his Sixth Amendment right to an effective attorney at trail in failing to use available evidence, including phone records and a photo of a codefendant making the phone calls Defendant was being accused in making to refute the prosecutor's false accusations against him in front of the jury at trial; oo 2). Whether Defendant was denied his right to counsel of choice when at the last : minute before trial was to commence retained attorney (Michael McDonnell) suddenly ; : introduced another attorney (Peter Scalisi) who was unprepared and unfamiliar with . the case to conduct trial, whom later the district court erroneusly stated he was . . apponted in violation of Defendant's Sixth Amendment right to counsel of choice. -i. :