Sharard Collier v. United States
DueProcess FifthAmendment HabeasCorpus
Whether the district court and Fifth Circuit abused their discretion by failing to conduct evidentiary hearings on multiple ineffective assistance of counsel claims and potential constitutional violations
QUESTON NUMBER ONE: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground One pre-trial ineffective assistance of counsel claim and did the Fifth Circuit abuse its discretion by the affirmation of the district court ’s decision, thus, did this violate his Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER TWO: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Two by erroneously advising Collier to enter Stipulation in which bounded him to a factual basis drug quantity that effectively resulted in a life sentence and did the Fifth Circuit abuse its discretion by the affirmation of the district court ’s decision, thus, did this violate his Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER THREE: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Three as his Guilty Plea was tainted by ineffective assistance of counsel and did the Fifth Circuit abuse its discretion by the affirmation of the district court ’s decision, thus, did this violate his Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER FOUR: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Four based upon his former attorney ’s failure to object to Rule 11 (b) (1) (G) violation in which rendered his guilty plea unknowingly and unintelligently entered and did the Fifth Circuit abuse its discretion by affirmation of the district court ’s decision, thus, did this violate his Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER FIVE: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Five based upon his former attorney failure to request a pre-plea PSR be prepared, did the Fifth Circuit abuse its discretion by affirmation of the district court ’s decision, thus, did this violate his Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER SIX: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Six by failing to apprise Collier of his Faretta warnings before allowing him to proceed with self-representation did the Fifth Circuit abuse its discretion by affirmation of the district court ’s decision, thus, did this violate his due process of law rights of the Fifth Amendment rights of the U.S. Constitution ? QUESTION NUMBER SEVEN: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Seven did it constitute a Conflict of Interest by ordering Attorney Harenski to remain on as Collier ’s stand-by-counsel during his sentencing hearing did the Fifth Circuit abuse its discretion by affirmation of the district court ’s decision, thus, did this violate Collier ’s Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER EIGHT: Whether Collier ’s statutory right to a Direct Appeal was denied in violation of due process of law rights by the Fifth Circuit Deputy Clerk rendering a decision withdrawing counsel or record and allowing Collier to proceed pro se on appeal without any Faretta Inquiry and without a waiver did the Fifth Circuit abuse its discretion by affirmation of the district court ’s decision, this, did this violate his Fifth and Sixth Amendment rights of the U.S. Constitution ? QUESTION NUMBER NINE: Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding Ground Nine by his ex lawyer failing to object to Constructive and/ or Literal Amendment through the district court ’s Admonishment/ Inquiry as to a factual basis of Guilty Plea did the Fifth Circuit abuse its discretion by the affirmation of the district court ’s decision, thus, did this this violate his Sixth Amendment rights of the U.S. Constitution ?