DueProcess HabeasCorpus JusticiabilityDoctri
Whether a defendant has a federal constitutional right to effective assistance of first post-conviction counsel
QUESTION(S) PRESENTED. : 1. Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such claim in a first post-conviction proceeding, has a federal constitutional right to effective assistance of first post-conviction counsel ‘specifically with respect to his claim? 2.Whether "new" evidence in relation to the actual innocence gateway for the purpose of due prosess in habeas cases is defined as [all reliable evidence that was not presented at trial, even if it would have been available through the excercise of due dilligence], OR is it [evidence that was discovered post-conviction and it could not have been discovered prior to trial through the excercise of due dilligence? ii .