Whether Petitioner was denied his U.S. Constitutional rights to due process

QUESTION(S) PRESENTED \ Whether Petitioner was denied his U.S. Constitutional tights to due process based on the Eleventh Circuit Court of Appeal decision conflicting with well established Supreme Court precedent under the facts of this case. In sum, one question for this Court to decide is whether the state court’s application of its statutes dealing with probable cause affidavits are in conflict with the well established precedent in Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978). The next question deals with the state court making factual findings without first affording Petitioner his right to an evidentiary hearing, and then both the , district court and the Eleventh Circuit Court of Appeals relying on those findings in denying federal habeas relief. ; ,