Luis Rios v. Patrick Covello, Warden
HabeasCorpus
When determining the one-year limitations period under 28 U.S.C. §2244(d)(1)(D) of the Antiterrorism and Effective Death Penalty Act (AEDPA) for an ineffective assistance of counsel claim wherein counsel's alleged deficiency was a failure to investigate, was it possible for petitioner to have the factual predicate for the prejudice prong of his ineffective assistance claim before he knew that an investigation by counsel—had it been conducted—would have uncovered evidence to change the outcome of his case?
QUESTION PRESENTED When determining the one-year limitations period under 28 U.S.C. §2244(d)(1)(D) of the Antiterrorism and Effective Death Penalty Act (AEDPA) for an ineffective assistance of counsel claim wherein counsel’s alleged deficiency was a failure to investigate, was it possible for petitioner to have the factual predicate for the prejudice prong of his ineffective assistance claim before he knew that an investigation by counsel—had it been conducted—would have uncovered evidence to change the outcome of his case? i