Christopher Michael Williams v. Tim Shoop, Warden
DueProcess
whether-defendant's-6th-amendment-right-was-violated
QUESTION(S) PRESENTED ; 2) Does the 6th Cir. Court err when it determines that avdefendants 6th Anendaent rignt is not violated when there was evidence that it was likely taat sowaone otner than the defendant committed the crime; yet further finds that it was reasonable trial strategy for the trial attorney to not call ; the alternative suspect to the stand even though that was the only evidence the defendant had; and it was tha sole reason for the defendant to procead to trial? o-) Did the Sth cir. COurt err when it found that the defendant would not have taken the plea deal had his trial attorney been honest with him about not pre presenting the agreed alternative suspect defense, completely by calling the alternative suspect to the stand? 3.) In a casa where the defendant is sentenced to double life in prison, does the . Sth cir. Court err when it deems a sentence to be legal when a defendant forgoes a plea deal based on a promise by a trial attorney that an alternative suspact who was present at the time of the accusation and fas a nistory of comaitting the crime that the defendant is accussed of; finding that even if the defendant was given nonest disclosure that nis trial attorney would not be calling the alternative suspect to the stand he has not convinced the court that he would have taken the plea deal? Y.) Did the Sth Cir Court wake an unripe adjudication of a Habeas Corpus petition when the netitioner suomitted evidence that the state court was the one who procedurally defaulted and barred the petitioner from having a ripe claim before the Federal Court, when the stae courts actions denied the petitioners right to appeal? 5) Did the 6th Cir. Court arr when it determined that a defendants 6th amendment and Fundamental Due process rights were not violated when it decided that the petitioner would not have taxen a plea deal because the defendant was persistent about nis innocence, and had not taken the plea deal because he pelieved that his trial attornay would present a complete alternative suspect defanse by calling the alternative suspect to the stand? G) In a case where a defendant, charged with rape of two minors at 27, and has no history of such acts; upon investigation finds that an alternative suspect who looks almost exactly like nim in all physical anatomy with a conviction for raping minors was present at the scene during the time frame of the accusation, is promised by ais trial counsel that he would be called to the stand for an alternative sussect defense thereny causing the defendant to forgo the state and judge approved piea deal taat was accepted on the record, does a district court err in determining that the defendant would not have accepted the plea dealnad his attorney been honest about not presenting the complete agreed defense to properly raise reasonaole doubt, and asserting that it was trial strategy for tne attorney to not call the alternative suspact? 7) Joes a fundamental bue Process violation occure when a trial attorney decides to not call a key witness in the middie of trial; waen that was the agreed defense, and the only evidence in the favor of the defendant that would raise . reasonaole doubt as to the guilt or innocence of the defendant in violation ; of the Sth and 6ta Amendments to the U.S. Constitution? uf ofendant a plea deal, is the right to proceed to trial 7.|snen, a court offered See the blea deal, if both tne eSurt and stae approved? , i}