FourthAmendment DueProcess CriminalProcedure Privacy
Whether the trial court's summary denial of Petitioner's ineffective assistance of counsel claims without an evidentiary hearing violates constitutional protections and misapplies Strickland v. Washington
I. Whether the trial court’s summary denial of Petitioner’s facially sufficient ineffective assistance of counsel claim without an evidentiary hearing —alleging counsel’s failure to move to suppress evidence from an allegedly unlawful traffic stop, search, and seizure — violate the Fourth, Sixth and Fourteenth Amendment and misapply Strickland v. Washington , 466 U.S. 668 (1984) . II. Whether the trial court's summary denial of Petitioner's ineffective assistance of counsel claim, without conducting an evidentiary hearing, violate the Fourth, Sixth and Fourteenth Amendment, where the claim asserts that trial counsel failed to seek suppression of evidence from an unlawful vehicle search lacking probable cause, contrary to Arizona v. Gant , 556 U.S. 332 (2009) .