Steven Lynn Deem v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Whether the Fifth Circuit abused its discretion in denying a certificate of appealability on petitioner's actual-innocence claim
QUESTION(S) PRESENTED 1) Did the Fifth Court of Appeals abuse it's discretion when it denied the , = Petitioner's motion for a certificate of appealability (COA) because Deem failed ‘ to demonstrate that jurists of reason could conclude the issues presented are adequate to deserve encouragement to proceed further? ~ 2) Does an actual innocence “claim have to be proven before a COA will issue, or is the "claim" itself enough to entitle the Petitioner to a hearing on the merits of that claim?