Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al.
DueProcess HabeasCorpus Punishment
Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant's sentence was premised on prior convictions and a sentence that were later found unconstitutional and vacated?
QUESTIONS PRESENTED 1. Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant’s sentence was premised on prior convictions and a sentence that were later found unconstitutional and vacated? 2. Whether reasonable jurists could debate whether Stephens’s counsel were ineffective in failing to challenge his prior unconstitutional convictions and sentence? 3. Whether reasonable jurists could debate whether Stephens’s right to testify was violated because he relinquished that right under the misapprehension that he could be impeached with his prior unconstitutional convictions? @