Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al.
HabeasCorpus Jurisdiction
Whether the court of appeals erred in reversing the district court's decision that trial counsel was ineffective for failing to object to the omission of a no adverse inference instruction
QUESTIONS PRESENTED FOR REVIEW I. WHETHER THE COURT OF APPEALS ERRED WHEN IT REVERSED THE WELL REASONED DECISION OF THE DISTRICT COURT WHICH HELD THAT TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO OBJECT TO THE TRIAL COURT’S OMISSION OF THE NO ADVERSE INFERENCE INSTRUCTION AFTER TRIAL COUNSEL REQUESTED THE INSTRUCTION AND THE STATE TRIAL COURT AGREED TO GIVE THE INSTRUCTION? Il. WHETHER THE COURT OF APPEALS ERRED WHEN IT REVERSED THE WELL REASONED DECISION OF THE DISTRICT COURT WHICH HELD THAT TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO OBJECT TO THE TRIAL COURT’S OMISSION OF THE NO ADVERSE INFERENCE INSTRUCTION AFTER TRIAL COUNSEL REQUESTED THE INSTRUCTION AND THE STATE TRIAL COURT AGREED TO GIVE THE INSTRUCTION AND THE APPELLATE COURT’S POSTION THAT THE FAILURE TO OBJECT WAS STRATEGIC WHEN TRIAL COUNSEL’S STRATEGY WAS AN UNREASONABLE DECISION PARADING UNDER THE UMBRELLA OF STRATEGY?