DueProcess Punishment
When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of his capital murder trial, does the state habeas court violate the applicant's Fourteenth Amendment right to have a full and fair opportunity to have his claim heard in the state courts by denying him the process necessary to develop the evidence which could prove his allegation true?
Questions Presented 1. When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of his capital murder trial, does the state habeas court violate the applicant’s Fourteenth Amendment right to have a full and fair opportunity to have his claim heard in the state courts by denying him the process necessary to develop the evidence which could prove his allegation true? 2. When a state has both a rule that an attorney must be given an opportunity to explain his conduct before being found to have rendered ineffective assistance at trial and a statute which makes the attorney ineligible for future capital appointments if he is found to be ineffective, does the Fourteenth Amendment’s right to due process or the Sixth Amendment right to the effective assistance of counsel require that the habeas court consider evidence that would tend to show the attorney’s pecuniary interests are in conflict with his client’s interests? ii