Whether the Slayton rule bars federal habeas relief for a jurisdictional claim

QUESTION(S) PRESENTED 1. Pursuant to Slayton v. Parrigan, 215 Va. 27 (1974), a prisoner in Virginia is : not permitted to raise a claim in a state habeas corpus . petition that could have been raised at trial or on direct appeal. Is this rule adequate under the procedural default doctrine to bar federal habeas relief when the claim is jurisdictional in nature? . 2. Whether the fundamental miscarriage of justice exception to the procedural default doctrine should apply to a claim that a penal statute is facially | unconstitutional? | | . 3. Isa challenge to the constitutionality of Virginia Code §18.2-63 under the 14% | ; Amendment’s Due Process Clause subject to strict scrutiny? | 4, Are the provisions in Virginia Code §18.2-63 that prohibit “any person” from engaging in consensual sexual intercourse with a minor facially unconstitutional under the 14th Amendment’s Due Process Clause? 5. Do the provisions of Virginia Code §18.2-66, exempting an individual from being convicted of engaging in consensual sexual intercourse with a minor in violation of Virginia Code §18.2-63, so long as he has entered into a marriage with said minor after engaging in the criminal act, violate the Equal Protection clause of the 14» Amendment? 6. Whether a certificate of appealability should have been issued?