Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's representation fell outside that range of reasonably professional assistance for failure to call two witnesses (Doris Jones and Leshwand McSwain) to testify; Where their testimonial evidence supports the Petitioner's defense and Petitioner has shown that a reasonable probability exists that the outcome of the proceeding would have been different

QUESTION PRESENTED Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's representation fell outside that range of reasonably professional assistance for failure to call two witnesses (Doris Jones and Leshwand McSwain) to testify; Where their testimonial | evidence supports the Petitioner’s defense and Petitioner has shown that a reasonable probability exists that the outcome of the proceeding would have been different. | Whether it’s proper to deny a claim as strategic without holding an evidentiary hearing to determine why trial counsel did not call a particular witness, when the record clearly does not refute the claim? ii FY . ‘