Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al.
SocialSecurity Securities Immigration
Is federal due process violated where a federal court concludes that a petitioner's counsel ineffective claim lacks merit because petitioner did not show that the witness was willing to testify at trial?
QUESTION(S) PRESENTED 1. IS FEDERAL DUE PROCESS VIOLATED UNDER THE "COMPULSORY PROCESS" : WHERE A FEDERAL COURT CONCLUDES THAT A PETITIONER'S COUNSEL INEFFECTIVE CLAIM LACKS MERIT BECAUSE PETITIONER DID NOT SHOW THAT THE WITNESS WAS WILLING TO TESTIFY AT TRIAL? 2. IS FEDERAL DUE PROCESS VIOLATED WHERE A FEDERAL COURT FINDS HEARSAY REGARDING A SO MURDER CONSPIRACY, SATIFIES THE HEARSAY EXCEPTION BECAUSE IT WAS 'IN FURTHERANCE OF THE CRIME’ EVEN THOUGH THE HEARSAY PROVIDER WAS NOT INVOLVED IN THE CRIME AND THE CRIME WAS ESTABLISHED AS BEING COMPLETE?