Gomez v. Stephens

(1) Whether, under the Antiterrorism and Death Penalty Act of 1996, a Franks v. Delaware hearing is a "critical stage of the criminal proceedings" as envisioned in United States v. Cronic, where petitioner's attorney's presence is required by the Sixth Amendment; (2) whether the court of appeals erred when it held that petitioner's right to his attorney's presence at a Franks hearing was not violated when the state trial court held such a hearing; (3) whether petitioner's Sixth Amendment right to confront and cross examine his accusers was violated by the absence of his attorney at his Franks hearing; (4) whether petitioner's attorney's absence from his Franks hearing was a knowing, intelligent, and voluntary waiver by petitioner as required by Johnson v. Zerbst; and (5) whether a conflict of interest arose and existed due to petitioner's attorney's absence and therefore lack of representation at the Franks hearing.