Travis J. Guttu v. Chris S. Buesgen, Warden
DueProcess HabeasCorpus
Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place?
QUESTIONS PRESENTED FOR REVIEW 1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? 2. Does the Fourteenth Amendment's Due Process Clause prohibit a trial court from participating in issuing plea forms where it is not bound by a sentence recommendation, and if so, does a fundamental miscarriage of justice occur where a trial court issues a plea form and subsequently convicts and sentences a criminal defendant for a related charge not on that form? 3. Does erroneous legal advice from appellate counsel, and deficient access to legal resources, constitute as external impediments which toll AEDPA's 1-year deadline? 4. Was the Defendant denied his Sixth Amendment right to effective assistance of trial counsel where his first trial counsel admitted he did not go over exculpatory medical records, and had no concern about the erroneous plea form, and where his second trial counsel admitted he overlooked meritorious reasons to support a motion to withdraw the Defendant's no contest plea before sentencing?