Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.
I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim ?
Does an Attorney's performance meet the minimum requirment of effective assitance of counsel guaranteed under the Sixth and Fourteenth Amendment to the United States Constition where the defense strategy is mistaken identification and trial counsel failed to; (1) request any identification instruction whatsoever, be it Cautionary, Standard, Sexton, otherwise; (2) failed to call eyewitness who witnessed other suspects other than coming from crime scene; (3) failing to cross-examine lead investigator about other suspects who were arrested in relation to this crime ?
Is a defendant denied due process if his claim is not addressed by state or federal courts?