Gregory Bogomol v. United States
FourthAmendment HabeasCorpus CriminalProcedure Privacy
What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?
QUESTIONS PRESENTED The questions presented are: 1. What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255? 2. Does an individual receive ineffective assistance of counsel when his defense attorney fails to file a motion to suppress evidence seized from a warrantless search of the individual’s residence, where law enforcement agents conducted a “knock and talk” at the residence with the intent to search for incriminating evidence and gained entry to search the residence by falsely telling the individual that they were investigating whether he and his wife were the victims of identity theft?