Whether Petitioner Joe Mark's Fifth Amendment Rights were violated when Mr. Mark was subject to custodial interrogation without Miranda warning having been given. Mark was denied his right against self-incrimination as guaranteed by the Fifth Amendment to the United States Constitution through the Fourteenth Amendment of the United States Constitution when the trial court erred by failing to suppress the statements made in Mark's first police station interview during an in-custody interrogation with no Miranda warning. Whether Petitioner was provided with inadequate assistance of counsel where a counsel failed to timely file an appeal, and ineffective assistance of counsel claim was not addressed by the district court.

Whether Petitioner Joe Mark's Fifth Amendment Rights were violated