Patrick Kofalt v. United States
HabeasCorpus JusticiabilityDoctri
Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
Questions Presented : DATE: 12/10/2019 10:01:39 PM Lo QUESTIONS PRESENTED 1. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are per se invalid because they violate the Sixth Amendment's right to conflict-free representation? Il. Did the Western District of Pennsylvania and the Third Circuit Court of Appeals engage in an elaborate judicial shell game to avoid an adjudication on the merits of Petitioner's 2255 motion? III. Did both lower courts err by completely ignoring controlling authority from this Court in Lee v. United States, 137 S.Ct. 1958 (2017) regarding Petitioner's plea agreement not being knowing and voluntary? IV. Did the District Court biasedly achieve a pre-determined end result by completely ignoring a staggering amount of uncontested new evidence and controlling authority regarding Petitioner receiving ineffective assistance of counsel in litigating his motion to suppress evidence in violation of the Fourth Amendment?