DueProcess HabeasCorpus Jurisdiction JusticiabilityDoctri
Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for ineffective assistance of trial counsel claims, and does the State offend the Constitution by failing to provide a reasonable procedure to vindicate that right?
QUESTIONS PRESENTED 1. Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for claims of ineffective assistance of trial counsel, where the State requires that ineffective assistance of trial counsel claims be raised for the first time on collateral review; and, if so, does the State offend the Constitution by failing to provide a reasonable procedure by which that right may be vindicated? 2. Did the Arizona courts deprive Troy York of a fair trial by providing the jury with a deficient selfdefense jury instruction, thereby relieving the State of its burden to disprove York’s self-defense justification beyond a reasonable doubt? 3. Did the Arizona courts deprive Troy of a fair trial by giving a deficient jury instruction regarding the definition of dangerous instrument, thereby preventing the jury from properly considering Troy’s defense of crime prevention? 4. Did the Arizona courts violate Troy’s Sixth (and Fourteenth) Amendment right to trial by jury by imposing a sentence for a dangerous offense without a jury finding of dangerousness, given that neither “the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument” nor “the intentional or knowing infliction of serious physical injury” were elements of the offense for which he was convicted?