John Hart v. County of Philadelphia, Pennsylvania, et al.
Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant receive the ineffective assistance of counsel when trial and appellate counsel fail to properly challenge the trial court's violation of the defendant's fundamental due process right to present a defense in excluding that evidence on the basis of a non-existent notice requirement without even holding a hearing on whether the latest scientific evidence would render the testimony admissible?
Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant receive the ineffective assistance of counsel when trial and appellate counsel fail to properly challenge the trial court's violation of the defendant's fundamental due process right to present a defense in excluding that evidence on the basis of a non-existent notice requirement without even holding a hearing on whether the latest scientific evidence would render the testimony admissible?