Phillip Hartsfield v. Stepanie Dorethy, Warden
1. Whether th e lower court err ed by holding that th e preju dice standard
applying to ineffective assi stance of counsel claims under Strickland v. W ashington ,
466 U.S. 668 (1984 ) is applica ble to Mr. Hartsfield's claim that his counsel usurped
his exercise of h is right to testify in h is own defense an d in condoning the pu rported
state court requir ement that a defendant make a contempo raneous, on the record
assertion of h is right to testify in the face of being silenced by h is counsel?
2. Whether th e lower court err ed in declining to certify for a ppeal the issue
of whether state court un reasonably a pplied clearly established f ederal la w in denying
Mr. Hartsf ield's claim th at tri al counsel wa s ineff ective for fa iling to call William
"Billy" Thompson to testify on Har tsfield's behalf , where Th ompson co uld h ave
refuted testimony fr om the Sta te's witness that H artsf ield's co -defendant ha d him
dispose o f the mur der weapon a nd wh ere Th ompson' s testimony to the
co-defendant's jur y led to the co-defendant's acquittal?
Whether the lower court erred by holding that the prejudice standard applying to ineffective assistance of counsel claims under Strickland v. Washington is applicable to the defendant's claim that his counsel usurped his right to testify