Brian Boykins v. Robert Napel, Warden
DueProcess
1. WHERE A FEDERAL COURT MUST GRANT AN EVIDENTIARY HEARING AND DENIES, IS THAT ERROR?
2. IN A SHOW CAUSE HEARING TRIAL COURT DEEMED IT NECESSARY FOR PETITIONER TO HAVE INVESTIGATOR IN ORDER TO SAFELY PROCEED TO TRIAL, WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO INVESTIGATE TO REBUT DEFENSE COUNSEL REPRESENTATION TO THE COURT DOES THAT CONSTITUTES FRAUD UPON THE COURT?
3. UNDER 28 U.S.C § 2254 (E)(1), PETITIONER OFFERS CLEAR AND CONVINCING PROOF TO REFUTE CORRECTNESS OF TRIAL COURT RECORD, IF FEDERAL COURT ADOPTS STATE ARGUMENT WITH NO OFFER OF PROOF WAS THAT CLEAR ERROR?
Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963)