Oscar Lamar Mims v. United States
ERISA HabeasCorpus CriminalProcedure
Does the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2255 on inadequate and ineffective substitute for habeas corpus?
Questions Presented , I. Does.the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2255 on inadequate and ineffective substitute for habeas corpus? II. As the burden to show that a Certificate of Appealability should issue is on the Petitioner, must an opportunity to brief the request be given? . III. Must a petitioner mechanically cite The Strickland v Washington, 466 US ; 668° (1984), standard in every ground to obtain review of his claim? Iv. Is the right to a Speedy Trial a strategic decision, which Counsel may make without consulting his client, or over his objection under McCoy _v Louisiana, 200 L Ed 2d 821 (2018), or must the client consent to the waiver? V. Should the aggregation principle of Gonzales v Raich, 545 US 1 (2005), be revisited in light of later cases of this Court, and to provide meaningful limits on Congress Commerce Clause powers?