Lucious Wilson v. J. Soto, Warden
DueProcess HabeasCorpus
Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial misconduct contrary to this Court's rule that a COA is required when the district court's denial of a habeas claim is debatable?
QUESTION PRESENTED Is the Ninth Circuit’s denial of a certificate of appealability (“COA”) on the claim that Wilson’s conviction is unconstitutional because the prosecutor committed prejudicial misconduct under Darden v. Wainwright, 474 U.S. 438, 446 n.8 (1986), where he argued to the jury that Wilson had committed multiple assaults, thereby urging the jury to convict him on the basis of uncharged conduct, and to reach a non-unanimous decision, contrary to this Court’s rule that a COA is required when the district court’s denial of a habeas claim is debatable? I