Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a valid double jeopardy violation

QUESTIONS PRESENTED SS 1. Whether: the District Court, without holding an evidentiary hearing erred in disposing of Petitioner’s trial icounsel’s ineffectiveness surrounding the failure to litigate a valid double jeopardy violation when Petitioner presented exculpatory evidence suggesting the State fabricated the venire panel sheet? IL. Whether the District Court erred when it determined that Petitioner was not prej udiced by trial counsel’s failure to object to a faulty jury instruction on the charge of second-degree murder when in fact a second-degree murder conviction would have resulted in a lesser sentence? t . ? . . } ; ; .