DueProcess
Whether petitioner was denied Sixth Amendment right to effective assistance of counsel
QUESTIONS PRESENTED: 1. WHETHER THE COURT BELOW ERRED IN CONCLUDING PETITIONER WAS NOT DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHEN HIS TRIAL COUNSEL IN A SWORN AFFIDAVIT ATTACHED TO HIS STATE WRIT, ADMITTED THAT HE/SHE WAS INEFFECTIVE BY NOT PROPERLY REPRESENTING PETITIONER? 2. WHAT AMOUNT OF CREDIBILITY DOES A COURT OWE TO AN ATTORNEY WHO SELF-ADMITS THAT HE RENDERED INEFFECTIVE ASSISTANCE, WHEN REPRESENTING HIS OR HER CLIENT AT TRIAL? 3. WHETHER IN. A WRIT PROCEEDING, A COURT SHOULD RESOLVE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL IN FAVOR OF A PETITIONER, WHEN THE ATTORNEY ADMITS UNDER OATH, THAT HIS OR HER REPRESENTATION OF HIS CLIENT FELL BELOW AN OBJECTIVE STANDARD OF REASONABLE ASSISTANCE THAT WAS BOTH DEFICIENT AND PREJUDICIAL? 4. WHETHER A CONVICTION SHOULD BE SET~ASIDE, WHEN A TRIAL JUDGE MAKES PREJUDICIAL REMARKS, THAT SHOWS HIS BIAS AGAINST THE DEFENDANT, THEN DURING THE HABEAS CORPUS PROCEEDINGS, THE SAME JUDGE RECUSES HIMSELF, AFTER THE HABEAS ATTORNEY FILES A MOTION TO RECUSE, BASED ON THE SAME STATE~ MENTS HE MADE AT TRIAL? -l