Nikolas Gacho v. Tyrone Baker, Warden
1) Should the 7Th Circuit Court of Appeals have issued a certificate of
appe&libility to petitioner Nikolas Gacho where his ineffective assistance of
counsel claim demonstrates a substantial showing of a violation of his 6th
amendment right to effective assistance of counsel ?
2) Did petitioner recieve ineffective assistance of counsel ?
3) Was the State court's decision unreasonable under 28 U.S.C. 2254(d)(1)
and/or(d)(2) ?
$) Should the District court have ordered an evidentiary hearing, where
the facts alleged if proven entitle petitioner to relief ?
5) Is it clearly established by the United States Supreme Court precedent,
that an attorney, whether requested to do so or not, must provide their advice
and professional opinion on whethhr a plea appears to be favorable or they believe
it is in their client's best interest to accept the plea ?
6) Is it clearly established by United States Supreme court precedent, that
an attorney can operate under a conflict of interest during plea negotiations.
If so, is it a conflict of interest for an attorney to refuse to requset a
continuance, which by doing so advances their personal interest over their
fiduciary duty ?
Should the 7th Circuit Court of Appeals have issued a certificate of appealability