Eric W. Strong v. Chris S. Buesgen, Warden
DueProcess HabeasCorpus
Whether an indigent defendant is entitled to his attorney-client file and state court transcripts during a no-merit appeal to preserve constitutional claims for federal review
I. On a no-merit appeal conducted pursuant to Anders v. Cal., does due process and equal protections require an indigent defendant be provided his attorney-client file, including his state court transcripts, in order for him or her to have a meaningfully respond to appellate counsel's no-merit report, and preserve all constitutional claims for federal review? II. Once a habeas petition survives Rule 4 screening, is the district court required to have the state court transcripts prior to its adjudication of the petition? m. Does 28 USC § 2254(e)(2) bar a federal court from holding an evidentiary hearing, or considering new evidence that was not before the state court, bu. which supports a habeas petitioner's constitutional claims where (1) the state corrective process was ineffective, or (2) where circumstances beyond the petitioner's control impeded him $or her fc©m developing the factual predicate of the claim at an earlier time? IV. Does this Court's decision in Williams v. Taylor, or its subsequent decision in Harrington v. Richter, accurately reflect the standard for habeas relief? V. Could jurists of reason debate whether or not the district court was correct in how it resolved the Petitioner's petition for a writ of habeas corpus? iii