Erik Diaz-Colon v. United States
HabeasCorpus JusticiabilityDoctri
Whether petitioner's trial counsel rendered ineffective assistance
QUESTION(S) PRESENTED I. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO ADVISE HIM OF HIS RIGHT TO TESTIFY AT TRIAL? II. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY ; FAILING TO OBJECT TO THE DISTRICT COURT'S CONSTRUCTIVE AMENDMENT OF THE INDICTMENT AS TO THE CIVIL RIGHTS CONSPIRACY OFFENSE, UNDER 18 U.S.C. SECTION 241(COUNT FIVE); AND THE AIDING AND ABETTING FOR DEPRIVING THE VICTIM OF HIS RIGHT AND PRIVILEGES BY THE CONSTITUTION, UNDER 18 U.S.C.S. SECTION 242(COUNT SIX), DURING THE JURY INSTRUCTIONS? III. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY PROVIDING DEFICIENT, INACCURATE, AND ERRONEOUS LEGAL ADVISE DURING THE PLEA AGREEMENT PHASE WHICH LEAD TO THE GOVERNMENT WITHDRAWING ITS PLEA AGREEMENT, THUS, PROCEEDING TO THE JURY TRIAL WHERE HE WAS CONVICTED OF ALL CHARGES AND RECEIVED A MUCH GREATER SENTENCE THAN OFFERED IN THE GOVERNMENT'S PLEA AGREEMENT? i