1). Whether the District and Appellate Courts erred in denying Defendant an
evidentiary hearing on his claim of ineffective assistance of trial counsel in vio
lation of his Sixth Amendment right to an effective attorney at trail in failing to
use available evidence, including phone records and a photo of a codefendant making
the phone calls Defendant was being accused in making to refute the prosecutor's
false accusations against him in front of the jury at trial;

2). Whether Defendant was denied his right to counsel of choice when at the last
minute before trial was to commence retained attorney (Michael McDonnell) suddenly
introduced another attorney (Peter Scalisi) who was unprepared and unfamiliar with
the case to conduct trial, whom later the district court erroneusly stated he was
apponted in violation of Defendant's Sixth Amendment right to counsel of choice.

Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel