FourthAmendment DueProcess CriminalProcedure Privacy
I. Whether the trial court's summary denial of
Petitioner's facially sufficient ineffective
assistance of counsel claim without an
evidentiary hearing —alleging counsel's failure
to move to suppress evidence from an allegedly
unlawful traffic stop, search, and seizure —
violate the Fourth, Sixth and Fourteenth
Amendment and misapply Strickland v.
Washington , 466 U.S. 668 (1984) .
II. Whether the trial court's summary denial of
Petitioner's ineffective assistance of counsel
claim, without conducting an evidentiary hearing, violate the Fourth, Sixth and
Fourteenth Amendment, where the claim
asserts that trial counsel failed to seek suppression of evidence from an unlawful vehicle search lacking probable cause, contrary to Arizona v. Gant , 556 U.S. 332 (2009) .
Whether the trial court's summary denial of Petitioner's ineffective assistance of counsel claims without an evidentiary hearing violates constitutional protections and misapplies Strickland v. Washington