Babubhai Patel v. United States
HabeasCorpus
Did the Sixth Circuit Court of Appeals sidestep the COA process in Petitioner Babubhai Patel's COA Application
QUESTION(S) PRESENTED oe ‘Question. # One: Did the Sixth Circuit Court of Appeals sidestep [the COA] process in Petitioner Babubhai Patel's COA Application Oo by first deciding the merits of an appeal, and then justifying its . denial of a COA based on its adjudication of the actual merits, oo it is in essence deciding an appeal without jurisdiction; thus — did the Sixth Circuit violate U.S. Supreme Court precedents: in Buck v. Davis, 137 $. Ct~ 759 (2017); and Miller-k1 y. Cockrell, oo 537 U.S. 322, 336-37 (2003); and a C.0.A. should issue as Patel met his burden as required by 28 U.S.C. § 2253 (c) (2) 2 ce, | : .