I.
a. When the undisputed factual record demonstrates the denial
of the constitutional right to testify at a capital trial , but the
State courts find to the contrary, do the federal courts err in
affording deference to the State courts?

b. Where there is disagreement among lower courts on the type
of error that occurs when the right to testify is denied, as well
as on the appropriate way to ensure the vindication of the
right, should this Court grant certiorari to establish a
uniform understanding and protection of the right?

II.

a. Is a capital defendant's waiver of mitigation adequately
knowing, intelligent, and voluntary when the waiver is predicated on a fundamental misunderstanding of
proceedings and the utter dissolution of the attorney -client
relationship ?

When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial, do federal courts err in affording deference to State courts' contrary findings?