DueProcess Punishment
Did the court of appeals violate Bolinger's right to due process by forcing him to raise his claim on collateral attack without the benefit of counsel?
QUESTION(S) PRESENTED 1. Bolinger raised an ineffective assistance of counsel claim on direct appeal. The Texas court of appeals concluded that, without counsel's explainations, the record was insufficient to determine if Bolinger's trial counsel rendered ineffective assistance. Even though the record showed counsel's beliefs and actions. Did the court of appeals violate Bolinger's right to due process by forcing him to raise his claim on collateral attack without the benefit of counsel? 2. Bolinger was forced to listen to a victim allocution not authorized by statute—just moments after receiving life without parole. Was Bolinger subjected to cruel and unusual punishment under the Eighth Amendment of the United States , Constitution? ii.