Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
DueProcess FourthAmendment HabeasCorpus Privacy
Whether Petitioner's 6th and 14th Amendment rights to due process are being violated by denying claims based on assumption and not facts
QUESTIONS PRESENTED Question One: if the record reflects similar if not more egregious ; ineffective dssistance by trial counsel. The claim was not refuted at : evidentiary hearing. when compared to Joseph Code v. : Montgomery. Are Petitioner's 6th and 14th Amendment Rights to ‘ due process jbeing violated denying claims based on assumption : and not facts? Question Two: Is it legal or illegal according to the United States Constitution] to sentence someone as a habitual offender without : reasoning on factual findings written or orally on the record. Other ; than the required (2) prior felonies; the last being within (5) years of charged offense? } Question Three When all evidence is purely circumstantial no one has been identified. How can the crime be proved beyond a reasonable chub or the conviction be upheld? Question Four: If the client presents (trial) counsel with alibi, alibi witnesses but trial counsel makes no effort to investigate or call witnesses during trial. Is it in accordance with the 6th Amendment land within the wide range of strategic judgment given to attorney's to advise his client not to testify without presenting his clients version of events or alibi witnesses? , | | ! i i | | |