Whether the prosecution presented sufficient evidence to sustain the conviction

QUESTIONS PRESENTED . 0.0.00 0002 ee V CONSTITUTIONAL PROVISIONS AND REGULATIONS A. State Court Trial Proceedings .2 B. Direct Appeal . 0.0.0. c eee C. Federal Habeas Proceedings .2 STATEMENT OF THE FACTS ELICITED FROM THE CALIFORNIA COURT OF APPEAL OPINION .4 REASONS TO GRANT CERTIORARI .7 I. The Prosecution Failed to Present Sufficient Evidence to Sustain the Conviction .7 II. Trial Counsel Rendered Ineffective Assistance by Failing to Investigate and Present Exculpatory Evidence Linking the M.K. and LP. Cases 0.0... 0... ccc eee eee eee LO Ill. Trial Counsel Rendered Ineffective Assistance by Failing Investigate and to Present a Memory Expert . 0.0... ccc eee eee ee LB 1 IV. Trial Counsel Rendered Ineffective Assistance by Failing to Investigate and to Present an Expert to Explain How I.P.’s Parents Tainted Her Recollections .16 V. Trial Counsel Rendered Ineffective Assistance by Failing to Investigate and to Present a Taint Expert for Accuser M.K.18 VI. The Combination of Errors Rendered McNeal’s Trial Fundamentally Unfair .20 VII. McNeal’s 15 Years-to-life Sentence Violates the Eighth Amendment .21 VIII. The California Courts’ Unreasonable Refusal to Hold an Evidentiary Hearing, Entitles McNeal to an Evidentiary Hearing .28