Keith Alexander v. Robert Gilmore, Superintendent, State Correctional Institution at Greene
SocialSecurity Securities
Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments
QUESTION(S) PRESENTED (1) Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments. Specifically, whether there was a Constitutional violation that would . qualify petitioner's claim of actual innocence. (2) Whether petitioner has met his burden established in McQuiggan v. Perkins, 569.U.S. 2013, in as much as petitioner has established that a Constitutional violation occurred, namely a Brady violation, as it relates to discoverable material that the Commonwealth's attorney failed to turn over during the course of petitioner's first trial. This being a prerequisite to a claim of actual innocence. (3) Whether in denying ta issue a COA the Third Cireuit Court of Appeals created a harmful error that puts petitioner out of court on unresolved Claims that were not addressed. Specifically, whether petitioner's newly discovered Brady material, when taken in. the light most favorable, would have led a reasonable fact-finder to have reasonable doubt in the verdict of petitioner's trial.