Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections
SocialSecurity
Whether being presented by counsel at the state initial-collateral proceedings is a determinative factor for obtaining an evidentiary hearing before a federal habeas court when a prisoner seeks to excuse a procedural default and demonstrate that the defaulted state claim is substantial under Martinez
QUESTION(S) PRESENTED ; 4, Whether being pre sé versus being ve presented hy counsel at the state initial-collateral proceeding s . (5 a determinative factor cor obtaining an Ovidentiary hearing begore a pederal habeas court when o prisoner seeks to excuse a procedural Cepault amd demonstrate that the deraulfedl TATC Clim is substantial unde Martinez ? 2, Whether Petitioner's vights to the assistance oF counsed , to the protection against seleinevimination , and that to be tried only por the . or¢ense charged were violated bythe proseaitor's . improper andl excessive questioning about petihoner’s unrelated ohacges that wee pencling at the time a¢ the trial below and counsel for Those ponding charges was mot present ?