Whether Petitioner was deprived of due process

QUESTIONS PRESENTED 1. Whether Petitioner was deprived of due process by his continuing imprisonment who was convicted on insufficient evidence without being granted an evidentiary hearing pursuant to 28 U.S.C. Section 2255 which was lost to him through no fault of his own. 2. Whether an evidentiary hearing should have been granted under Section 2255 when the evidence presented at trial failed to resolve an alleged ‘ Brady violation and perjury by government witnesses because of the inadequate development of material facts. 3. As a direct result of trial counsel’s debilitating physical and mental health, whether his representation was so “horribly inept” as to amount to ineffective assistance of counsel making it an abuse of , discretion for the trial court not to hold an evidentiary hearing based upon specifically identified instances of deficient performance. 4. Whether trial counsel’s deficient performance in failing to advise Petitioner of the verifiable fact that the government made a plea offer prior to trial, constitutes ineffective assistance under the Sixth Amendment. 5. Based on trial counsel’s debilitating physical and mental health, whether the magnitude of his trial errors coupled with his complete absence at the sentencing hearing, deny Petitioner effective assistance especially when these errors did not involve trial tactics or defense strategy. ° . ‘ + . ii