Christian James Gieseke v. United States
HabeasCorpus
When a post-conviction movant proceeding under 28-U.S.C-2255 raises claims which would entitle him to relief, does the lack of proffered evidence negating defenses constitute a basis for denying an evidentiary hearing?
QUESTION PRESENTED 1. When a post-conviction movant proceeding under 28 U.S.C. § 2255 raises ; claims which, if true, would entitle him to relief, does the fact that movant does not proffer evidence negating possible defenses constitute a basis for denying movant an evidentiary hearing? 2. Does an incarcerated pretrial detainee have a duty to act to mitigate counsel’s misfeasance, the failure to perform which serves to waive the post-conviction right to assert a 6 Amendment claim for ineffective assistance of counsel? i