Whether the Third Circuit erred in finding that Xavier was not prejudiced by his trial counsel's failure to conduct any type of investigation knowing that the Commonwealth had the wrong murder weapon, depriving the defendant the opportunity to prove manslaughter

QUESTION(S) PRESENTED Mr. Xavier alleged that his trail counsel was ineffective for failing to conduct any type of investigation before advising him to take a plea of the maximum sentence for the Third Degree Murder charge (20-40). Prior to plead guilty, Mr. Xavier repeatedly informed trial counsel that the Commonwealth has the wrong murder weapon. Trial counsel testified (evidentiary hearing on June 16, 2020) that she knew that the Commonwealth had the wrong murder weapon. Also, Mr. Xavier alleged that his confession was coerced inside Room 4 of Intensive Care Unit, CMC Hospital, Scranton, PA and that is the main reason why the Commonwealth has the wrong murder weapon and the wrong date of the incident because the interrogation was so manipulated and coerced that insults the reader's intelligence and to render that confession voluntary would be unreasonable because it presents manifest injustice. . The case thus present the following questions: . 1. Whether the Third Circuit err finding that Xavier was no prejudiced by his trial counsel's failure to conduct any type of investigation knowing that the Commonwealth has the wrong murder weapon depriving the defendant the opportunity to prove manslaughter with his blood and skin fiber on said object? 2. Whether the Third Circuit err in finding trial counsel effective when trial counsel failed to move to suppress an allegedly inadmissible confession given to police while Xavier was hospitalized, intoxicated, excessive sedated and heavily medicated? 3. Whether the Third Circuit err in not finding evidence of coercion before Xavier entered a plea? : , i. Ref: 3052810 pg 18 of 33 for GUSTAVO XAVIER _ | BT |