Nikolas Gacho v. Tyrone Baker, Warden
HabeasCorpus
Should the 7th Circuit Court of Appeals have issued a certificate of appealability
Questions presented 1) Should the 7Th Circuit Court of Appeals have issued a certificate of appealibility to petitioner Nikolas Gacho where his ineffective assistance of counsel claim demonstrates a substantial showing of a violation of his 6th amendment right to effective assistance of counsel ? 2) Did petitioner recieve ineffective assistance of counsel ? 3) Was the State court's decision unreasonable under 28 U.S.C, 2254(d)(1) and/or(d)(2) ? . 4) Should the District court have ordered an evidentiary hearing, where the facts alleged if proven entitle petitioner to relief ? 5) Is it clearly established by the United States Supreme Court precedent, ' that an attorney, whether requested to do so or not, must provide their advice and professional opinion on whether a plea appears to be favorable or they believe it is in their client's best interest to accept the plea ? 6) Is it clearly established by United States Supreme court precedent, that an attorney can operate under a conflict of interest during plea negotiations. If so, is it a conflict of interest for an attorney to refuse to requset a continuance, which by doing so advances their personal interest over their. fiduciary duty ?