Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden

QUESTION ONE: Was Petitioner subject to the release conditions of probation while he was in prison? QUESTION TWO: Does the statute which defines probation as “a procedure by which a defendant found guilty of a crime ... is released by the court subject to conditions imposed by the court and subject to supervision” provide Petitioner fair warning that he would be subject to probation conditions while he was in prison? QUESTION THREE: Was the state court’s novel construction of the probation statute that Petitioner was subject to “probation” while he was in prison a violation of due process? QUESTION FOUR: Was it reasonably foreseeable to Petitioner that he would be subject to the release conditions of probation while he was in prison? QUESTION FIVE: Was defense counsel ineffective when counsel stipulated to the law cited by the State that Petitioner was subject to the conditions of probation while he was in prison, which the State later conceded was incorrect. QUESTION SIX: Was the district court and the appeal court incorrect when they found that Petitioner was warned by the state judge that he would be subject to the release conditions of probation while he was in prison when the judge (Judge Kenneth Watson) has issued an Affidavit which flately contradicts such finding and states that he did not issue any such warning?