In Re Steven Michael Backstrom
DueProcess HabeasCorpus
Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses constitute federally defined ineffective assistance of counsel?
QUESTIONS PRESENTED 1. Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses constitute federally defined ineffective assistance af counsel? If yes, in defense of such habeas claims, does the submission of a false affidavit caonstitute a fraud upon the state court? If yes, is such a suhmission an admission by conduct? And if sa, has any federally protected due process right been violated? 2. Did the federal courts abuse their discretion in failing ta exercise their vast equitable powers in not granting relief where its plain on its face that Relator's habeas judgment was obtained by fraud which in turn amounts to an admission by conduct to the claimed IAC? 3. Based on the facts and circumstances described, would the average reasonable-minded citizen on the outside looking in see a corruption in the truth-seeking process? : 1.