Jacoby Kindred v. Jeff Titus, Warden
DueProcess HabeasCorpus
Whether district courts can employ the Barefoot v. Estelle standard instead of the Slack v. McDaniel analysis when determining whether to issue a certificate of appealability
QUESTION(S) PRESENTED I. In cases where a federal district court dismisses a habeas petition based on procedural grounds and is determining whether to issue a certificate of appealability, is there an exception to when district courts can only employ the legal standard announced in Barefoot v. Estelle, 463 U.S. 880 (1983), instead of the two component analysis set out in this Court's Slack v. McDaniel, 529 U.S. 473 (2000) decision? II. In cases like Mr. Kindred, is the federal district court and the Eighth Cirouit Court of Appeals decision not: to grant a certificate of appealability is a deviation from the mandates in this Court's Slack decision? _i