John Beatty v. Ohio
DueProcess
Is the standards set forth in Smith v. Murray, 477 U.S. 527, 536 (1986) and Evitts v. Lucey, 469 U.S. 387, 396 (1985) the more appropriate test for appellate counsel's performance as opposed to the two-prong standard for trial counsel's performance in Strickland v. Washington, 466 U.S. 668 (1984)?
QUESTION(S) PRESENTED ‘ C ‘1. Is the standards set forth in Smith v. Murray, 477 U.S. 527, 536 (1986) and Evitts v. Lucey, 469 U.S. 387, 396 (1985) the more appropriate test for appellate counsel's performance as opposed to the two-prong standard for trial counsel's performance in Strickland v. Washington, 466 U.S. 668 (1984)? 2. Is a guilty plea valid where it is made to less than all of the elements of the offense, thereby constituting selective enforcement of criminal laws? 3. Can a state disenfranchise a criminal defendant of sub‘stantive rights where there is no relinquishment or abandonment of a known right? . 4, Does a State Appellate Court's refasal to reopen a ; direct appeal violate Die Process where an appellant makes the proper showing of ineffective assistance of Appellate Counsel, prejiadice, and that bait for sach ineffective assistance, there isa reasonable likelihood the o.itcome of the appeal wo.ild have been different, where the State Rile makes reopening mandatory 4apon sach showing? : 5. Does a State Trial Court violate Die Process by rendering Jidgment of conviction and sentencing a defendant after the State Trial Court lost jarisdiction as a matter of State law? 6. Does a State Court of Appeals violate Die Process by refising to reopen an appeal and by failing to vacate a jadgment, . apon where it has been shown that the Trial court's Jadgment ae was rendered withoit, and after having lost, jarisdiction? : Te Can a criminal JTadgment be Constitationally s.istained where State law has severed and terminated, with prejaidice, the Trial Coart's Jarisdiction over the criminal case for lack of proper notice of a pending charge, and the State's failare to bring a matter to trial within the required statatory time limit? 8. Can a defendant be Constitationally convicted of an offense that reqiires prior notice of a "no trespass order" where the record does not affirmatively show sach notice was validly given? : :