Preston M. Young v. Angela Phams, Warden, et al.
DueProcess
Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or prosecution by exposing defects in the State's case?
Questions for Review I. Does a defense attorney provide effective assistance of counsel as guaranteed under the Strth Amendment when he Fals te demurrer an | indictment +o end. He prosecution and any Aiture porosecutions far He same ofvenses ! a. Does a défense attorney provide effect. assistance af counsel as fiteran feed under Phe. S1xth Ulmnendment Ay usiag @ Arial strategy that chws the Sate to Share up defects in Hhdir case by nat faving fo prove any of the eastntial cements df the predicate ofvense ta which the charges were sncicted upon because. the charges Jack ail af the essential elements of their predicate ofFense 7 3. Does a defense. atturney provide effective assistance of caunse/ ws @s Guaranteed wider the Sitth Cmendment when he Fails +o regs a ditecfed verdicd far acquittal at the chse of the States Case. arten the Sfarte’s evidence was insufficient fo prove any of Phe essen tial elements dF +he predicate offenses the crimes where indicted hpon ? 4, Z8 an mani | amended when the greater wvenses on phe indictment are heighten by the predicate. aftense they were indicted upon because the greater atienses lack all the essential elements of the predicate offense and. the predicate otkense /s then removed, 7 S&S, Does a fatal variance exist when the Sfate fails 7o Prove material allegations a3 +o how the crime was Committed. as indicted by the frond fury I, i » a .