HabeasCorpus
Has AEDPA created an unconstitutional barrier that has rendered the petitioner's remedy under 28 U.S.C. §2255 inadequate or ineffective?
QUESTIONS PRESENTED : 1. Has AEDPA created an unconstitutional barrier that has rendered the ; ; petitioners remedy under 28 U.S.C. §2255 inadequate or ineffective to test the legality of his detention by allowing the district court to refuse to hotd anzevidentiary hearing or other inquiry that would allow him to develop a record to support his ineffective assistance of counsel claims when ~ evidence exists outside the scope of the record in conversations between . the petitioner and his attorney? 2. Is development of the record mandated by this courts case law authority _ | in Massaro v. United States, 538 U.S. 500 (2003), Blackledge v. Allison, 52 | LED 2D 136, 431 US 63 and 28 U.S.C. §2255(b) in order to conduct a proper , ‘on the merits" review of the petitioners ineffective assistance of counsel claims when there exists evidence to support those claims outside of the | \ scope of the record? . 3. In pleading guilty, does a criminal defendant inherently waive the right to move for withdrawal of his guilty plea before sentencing as allowed by | Fed. R. Crim. P. 11(d)(2)(b)? | : | ' Gi) . RELIEF SOUGHT . , -THE FACTS ON WHICH THES MOTION IS BASED ARE ESTABLISHED IN HOWERS' AFFIDAVIT. (