Louis John Fontanez v. United States
DueProcess HabeasCorpus
Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate the but-for causation of the victim's injury in a case where the petitioner faced the 'death or serious bodily injury results' penalty enhancement under 21 U.S.C. § 841(b)(1)(C)?
QUESTIONS PRESENTED Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate the but-for causation of the victim's injury in a case where the petitioner faced the "death or serious bodily injury results" penalty enhancement under 21 U.S.C. § 841(b)(1)(C)? Did the lower courts commit reversible error by using the performance of the. co-defendant's counsel to deny the petitioner's § 2255 claim of ineffective assistance Of counsel? ; Did the lower court commit reversible error when tHey denied the Petitioner's § 2255 motion based ufon the probable guilty verdict at trial rather than tle liklihood that the petitioner wuld Have pleaded guilty in a case involving a guilty lea? Was the fetitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court repeatedly denied the petitioner's motions ; for the discovery needed to meet the circuit's threshold to show prejudice in a _ § 2255 ‘failure to hire experts! claim? Or alternatively, is the Highth Circuit's requirement that a prisoner Hire their own expert to present testimony to support a ‘failure to hire experts’ § 2255 ineffective assistance of counsel claim so burdensome tHat it resulted in tHelower court’ sustaining the petitioner's guilty plea in violation of due process warranting habeas relief? Did the courts below commit reversible error by denying petitioner's § 2255 ineffective assistance of counsel claims without conducting an evidentiary hearing? Did the lower courts commit reversible error by denying a Certificate of Appealability regarding the petitioner's § 2255 ineffective assistance of counsel claims? -i,