Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether Slack v. McDaniel requires a court of appeals to issue a certificate of appealability to a challenge a district court's holding that Giglio permits the government to use false testimony or fail to correct such testimony to convict a defendant
QUESTIONS PRESENTED 1. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue a certificate of appealability to a prisoner to challenge a district court’s holding that Giglio v. United States, 405 U.S. 150 (1972), permits the government to use false testimony or fail to correct such testimony to convict a defendant where the witness did not intentionally testify falsely or was not directed to testify falsely by a prosecutor. 2. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue certificates of appealability to a prisoner to challenge the summary judgment dismissal of his constitutional claims that turns not upon the lack of a genuine dispute as to material facts, but upon the application of unfavorable inferences drawn by a district court. i