Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess FourthAmendment HabeasCorpus
Does deference provided from AEDPA and Strickland v Washington apply when there is evidence of trial attorney perjury before the court?
QUESTIONS PRESENTED ; 1. Does deference provided from AEDPA and Strickland v Washington, 466 US 668 (1984) apply when there is evidence of trial attorney perjury before the court? 2. Does refusal of trial attorney to investigate four.mental disorders | of petitioner before trial equate to ineffective assistance of counsel? 3. Does petitioner with four diagnosed mental disorders plea of guilty, constitue a guilty plea made, "knowingly, voluntarily and intelligently? 4. Does appellate attorney decision to present brief to court without consulting petitioner on the two issues presented amount to ineffective assistance of counsel? In addition, does the prsentation of issues that should have been made at trial by trial : attorney by the appellate attorney signal attorney bias and prejudice ; for the petitioner? ; 5. Does presumption of correctness allowed by the courts for state documents allow for attorney prejudice and does this right violate the due process of law for the petitioner guaranteed by the 14th : amendment? . .