Michael Small v. Cherry Lindamood, Warden
Whether the United States Court of Appeals erred when it agreed with the district court "that the claim of ineffective assistance of counsel was without merit, that the claim of merit, and that the sentencing claim was non-cognizable on federal habeas review."
Should photo spread identifications, made more than 24 hours after a crime occurs, be excluded as evidence during any criminal trial due to its inerrant unreliability and based on its failure to pass the Daubert test.
Should due process principles require the states to record their interrogations, which would allow the state and federal courts to better determine whether alleged confessions in criminal cases were tainted unreliable, and/or involuntary.
Whether the United States Court of Appeals erred when it agreed with the district court that the claim of ineffective assistance of counsel was without merit, that the claim of insufficient evidence was procedurally defaulted and without merit, and that the sentencing claim was not cognizable on federal habeas review