Ground I. Does a 'non-custodial' confession uttered under the influence of the prescription drug, 'Ativan,' render a confession involuntary and inadmissible when the drug administered to Mr. Hersh was never proven by state's evidence to not significantly hinder Mr. Hersh's cognitive ability while Appellate Counsel, Thomas R. Nell Esq.'s actions denied Mr. Hersh the ability to raise this claim of ineffective assistance of counsel for Trial Counsel, Warren P. Bladen Esq.'s failure to suppress said confession?

Ground II. Do flawed credibility determinations of a State Court permanently insulate the State Court's findings from Federal Court review where objective evidence within the certified record obviously contradicts the credibility determinations made by the State Court?

Does a 'non-custodial' confession uttered under the influence of the prescription drug, 'Ativan,' render a confession involuntary and inadmissible?