DueProcess HabeasCorpus JusticiabilityDoctri
Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witnesses
QUESTION(S) PRESENTED 1. Is it a violation of appellant's Sixth Amendment constitutional ~~ rights for defense counsel to refuse to investigate the evidence ; . and interview witnesses in order to understand appellant's case | _ 80 as to militate the Government's chatges against appellant? . 2. Is it a violation of fundemental fairness and a criminal defend: ant's Sixth Amendment constitutional right to the effective assis. tance of counsel when defense counsel provides a criminal defendant false, inaccurate, and misleading information to induce a ; "criminal defendant to enter a guilty plea to offensés the criminal — . defendant did not commit and defense counsel had not investigated : the evidence or interviewed witnesses? _ 3. Is a criminal defendant denied his 5th and 14th Amendment , , . constitutional rights to both due process and equal protection , when defense counsel deliberately and intentionally withholds _the criminal defendant's file from the criminal defendant to hamper . ‘ and. impede pro se defendant's. ability to proceed and to state a claim of relief to which he is entitled? , 4. Is a criminal defendant denied his constitutional rights for effective assistance of counsel when District Court recognizes and : grants defendant the right to proceed in forma pauperis and thereby forces defendant to proceed pro.se if defendant wishes to be heard, ; : and the District Court denies pro se defendant the rights and lib: erties that would be granted to a newly appointed or rétained a ‘counsel, such as discovery and access to the former counsel's case _ file? , , i , |