Marshall Ray Miller v. Joseph L. McFadden, Warden
DueProcess HabeasCorpus Jurisdiction
Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional right
QUESTIONS PRESENTED I. Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional right where Petitioner's statements to law enforcement were clearly : given in reliance upon the promise of leniency, and as such, were not admissible against Petitioner. II. Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner . demonstrated a substantial showing of a constitutional right to effective assistance of counsel where trial counsel failed to secure the negotiated plea agreement in writing. : III. Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional and = statutory (18 usc §3585(a)) claim of personal jurisdiction where [both] the United States Bureau of Prisons and the State of South Carolina relinguished and forfeited jurisdiction . over Petitioner and his sentences should be considered satisfied. Iv. Certirari should issue to decide this issue of National Importance as to whether or not the United States Bureau of Prisons 7 and the State of South Carolina have relinquished and forfeited jurisdiction over [both] Petitioner and his State and Federal sentences as a result. < i