Whether the Lower Court committed a manifest error of law

QUESTIONS PRESENTED FOR REVIEW I. Whether or not the Lower Court committed a manifest err of law in finding that "counsel's extensive litigation concerning the two seized boxes demonstrates that Tolen does not have a substantial ineffective assistance of counsel claim," and Tolen has not demonstrated that the claim has "some merit." Yet, simultaneously the Lower Court correctly determined that "[N]either Tolen nor his lawyers presented any Brady claim to the trial court." IJ. Whether or not the Lower Court committed a manifest err of law in that the Court's analysis of Petitioner's Ineffective Assistance of Counsel claim is based entirely upon whether or not there was "extensive litigation concerning the withheld evidence" instead of whether or not a distinct Brady claim was made before the State trial court or whether or not 'Tolen's trial counsels brought into focus [to the State trial court] the contention that the prosecutor withheld exculpatory evidence". il