Whether a state statute that makes an attorney ineligible for future capital appointments if found to be ineffective creates a pecuniary incentive for the attorney to be less than fully honest, thereby violating the habeas applicant's due process or right to effective counsel

Question Presented When a state has a rule that an attorney must be given an opportunity to explain his conduct before being found to have rendered ineffective assistance at trial, does a state statute which makes the attorney ineligible for future capital appointments if he is found to be ineffective create a pecuniary incentive for the attorney to be less than fully honest in explaining heror himself and thereby violate a habeas applicant’s Fourteenth Amendment right to due process or Sixth Amendment right to the effective assistance of counsel? ii