Naeem Jones v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al.
Does a freestanding claim of actual innocence stand a basis of relief for a state prisoner in the context of a federal habeas proceeding?
2. Does the first prong of Strickland v. Washington, 466 U.S. 688 (U.S. 1984) permit a reviewing court to create hypothetical reasons counsel may have had for his/her actions or inactions without first conducting a hearing.
3. Did not the District Court incorrecdy apply this Court's ruling in Strickland v. Washington, 466 U.S. 668, 694 (U.S. 1984) where it found that trial counsel was not ineffective when he failed to interview witness Charles Waters concerning the misconduct of Detective Ronald Dove.
Does a freestanding claim of actual innocence stand a basis of relief for a state prisoner in the context of a federal habeas proceeding?