Clarence Fry v. Timothy Shoop, Warden
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial, do federal courts err in affording deference to State courts' contrary findings?
I. a. When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial , but the State courts find to the contrary, do the federal courts err in affording deference to the State courts? b. Where there is disagreement among lower courts on the type of error that occurs when the right to testify is denied, as well as on the appropriate way to ensure the vindication of the right, should this Court grant certiorari to establish a uniform understanding and protection of the right? II. a. Is a capital defendant’s waiver of mitigation adequately knowing, intelligent, and voluntary when the waiver is predicated on a fundamental misunderstanding of proceedings and the utter dissolution of the attorney -client relationship ?