Phillip Maldonado v. Pennsylvania
Securities Immigration
Does the federal constitution's supremacy clause mandate state courts to apply the Strickland test for ineffective assistance of counsel claims on direct appeal and collateral review?
QUESTION PRESENTED 7 I. DOES THE FEDERAL CONSTETUTION'S ARTICLE VI, CLAUSE 2 SUPREMACY CLAUSE PRESCRIBE A RULE OF DECISION UNDER INTERPRETATION OF THE SIXTH AMENDMENT PER STRICKLAND ; V._ WASHINGTON, 466 U.S. 668 (1984) MANDATING STATE COURTS TO APPLY, ON DIRECT APPEAL AND COLLATERAL REVIEW, THE TWO-PRONG, "REASONABLE TEST AND STANDARDS TO IAC CLAIMS, AND ARE PETITIONER'S DUE : PROCESS AND EQUAL PROTECTION RIGHTS UNDER THE FIFTH . AND FOURTEENTH AMENDMENTS AND/OR ARTICLE IV ' PRIVILEGES AND IMMUNITIES CLAUSE VIOLATED BY, ' RESPONDENTS' MORE RESTRICTIVE THREE-PRONG ARGUABLE ' BY A PREPONDERANCE OF THE EVIDENCE AND _ IAC TEST AND STANDARDS, SUCH THAT ALL OTHER SUBSTANTIAL AND SUBSTANTIVE FOURTH, SIXTH, TENTH, AND FOURTEENTH . AMENDMENT CLAIMS ADJUDICATED ON THE MERITS UNDER THE RUBRIC OF COUNSELS' INEFFECTIVENESS ARE IN CONFLICT WITH THE SUPREME LAW OF THE LAND UNDER STRICKLAND? ™~ i IN THE SUPREME COURT a OF THE UNITED STATES ; PETITION FOR WRIT OF CERTIORARI petitioner respectfully prays that a writ of certiorari issue to review the judgment below. . : ’ . . . OPINION BELOW ' , The opinion of the highest state court to review the merits, incorporating the state collaterali-review court's factual, procedural, and legal findings denying relief under state habeas corpus/Post Conviction Relief Act relief, 42 Pa.C.S. Section 9541 et seq., and affirmed by the Pennsylvanina Superior Court at