Did the California Courts' Unreasonable Refusal to Hold an Evidentiary Hearing Entitle Dalton to an Evidentiary Hearing?

QUESTIONS PRESENTED I. Did the California Courts’ Unreasonable Refusal to Hold an Evidentiary Hearing Entitle Dalton to an Evidentiary Hearing? II. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and to Present a Taint and Memory Expert? III. Did Trial Counsel Render Ineffective Assistance by Permitting the Prosecutor to Elicit Hearsay From Tiffany’s Fresh Complaint Witness? IV. Did the Child Sexual Abuse Accommodation Syndrome (CSAAS) Evidence Deprive Dalton of Due Process and a Fair Trial; Did Trial Counsel Render Ineffective Assistance? V. Did the Individual and Cumulative Effect of the Errors Render Dalton’s Trial Fundamentally Unfair? VI. Did the Trial Court Violate Dalton’s Constitutional Rights by Proceeding on the Amended Information in Dalton’s Absence? VII. Was Dalton Denied his Federal Due Process Right to a Fundamentally Fair Trial by Trying him Absentia? VIII. Did the Uncharged Tiffany Evidence Deprive Dalton of Due Process and a Fair Trial? IX. Did the Court Reporter’s Failure to Preserve the Voir Dire and Opening Statements Deny Dalton his Federal Due Process Right to a Complete and Accurate Appellate Record? 1 TOPICAL INDEX Page QUESTIONS PRESENTED . 01 CONSTITUTIONAL PROVISIONS INVOLVED .1 FACTUAL AND PROCEDURAL BACKGROUND .3 REASONS TO GRANT CERTIORARI .7 I. THE CALIFORNIA COURTS’ UNREASONABLE REFUSAL TO HOLD AN EVIDENTIARY HEARING, ENTITLES DALTON TO AN EVIDENTIARY II. TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO INVESTIGATE AND PRESENT A TAINT AND A MEMORY EXPERT . 11 Il. TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY PERMITTING THE PROSECUTOR TO ELICIT HEARSAY FROM TIFFANY’S FRESHCOMPLAINT WITNESS .0226-2.19 IV. THE CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME (CSAAS) EVIDENCE DEPRIVED DALTON OF DUE PROCESS AND A FAIR TRIAL; TRIAL COUNSEL RENDERED INEFFECTIVE il V. THE INDIVIDUAL AND CUMULATIVE EFFECT OF THE ERRORS RENDERED DALTON'S TRIAL FUNDAMENTALLY UNFAIR .25 VI. THE TRIAL COURT VIOLATED DALTON’S CONSTITUTIONAL RIGHTS BY PROCEEDING ON THE AMENDED INFORMATION IN DALTON'S VII. DALTON WAS DENIED HIS FEDERAL DUE PROCESS RIGHT TO A FUNDAMENTALLY FAIR TRIAL BY TRYING HIM IN ABSENTIA .27 VUI. THE UNCHARGED TIFFANY EVIDENCE DEPRIVED DALTON OF DUE PROCESS AND A IX. THE COURT REPORTER’S FAILURE TO PRESERVE THE VOIR DIRE AND OPENING STATEMENTS DENIED DALTON HIS FEDERAL DUE PROCESS RIGHT TO A COMPLETE AND ACCURATE APPELLATE RECORD .82