Thomas Charles Scott v. Stuart Sherman, Warden
DueProcess HabeasCorpus
Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentional or reckless omission of a material fact?
QUESTION(S) PRESENTED a : Were petitioner's rights under the Fourth and Sixth Amendments to the United States Constitution violated b¥ trial counsel's failure to . challenge the validity of a search warrant obtainel via the intentional or reckless omission of a material fact, that was known to the affiant at the time, and would have invalidated the statements-of. probable cause made in the affidavit supporting the warrant? ; Is it not the trial court judge's duty under the United States Constitution's Fourteenth Amendment Due Process Clause to require the , prosecution to prove every element of the offense being tried, and to ~ give the jur¥ a required instruction, sua sponte, concerning the meaning of a material element necessary to convict? : ’ Should a convicted indigent person forever have to suffer the adverse penalties caused by his or her state-appointed trial counsel's failure oe during trial, and his or her appellate counsel's failure to raise _ meritorious paramount issues during that person's first appeal as of right; and due to the failures of counsel, should that convicted person be barred from raising the omitted issues via a postconviction relief proceeding? (Such as a petition for writ of habeas corpus.)