Patrick K. Gibson v. Jeri Boe, Superintendent, Clallam Bay Corrections Center
DueProcess HabeasCorpus Privacy
Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability?
QUESTION(S) PRESENTED Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability, where petitioner presented clear factual evidence, supported by the trial record, that his Sixth and Fourteenth Amendment Constitutional rights to a fair trial and due process were violated? Did the Ninth Circuit depart so far from the accepted and usual course of judicial proceedings, by omitting consideration of evidence entitled to substantial or considerable weight, or sanction such a departure by lower Courts, failing to conduct a full and fair review of the application for a C.0.A., that it requires an exercise of this Court's supervisory powers, in the ; interests of justice, where the record before the Court shows clearly, manifest/plain errors exist, and that the errors were prejudicial to petitioner, affecting the verdict, rendering the trial fundamentally unfair? Is it not the duty of the United States Supreme Court to make its aim independent examination of the record when federal ; constitutional deprivations alleged, the duty resting on the Court's responsibility for maintaining the constitution inviolate?