Johnnie Sterling v. Chuck Dwyer
DueProcess HabeasCorpus
Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability?
QUESTION(S) PRESENTED 1. Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability in case no. 18-2642, where no 7 reasonable Jurist would deny that petitioner's 5th, Sth and 14th , amendment rights secured hy the United States Constitution were violated in this cause? also; 2. Does the United States District Courts decision create a “manifest injustice" and over looks the fact that petitioner's claims under “Ineffective Assistance of trial counsel," consisted of "mixed questions of law and facts" in dispute erroneously reached its decision on a undeveloped state court record of facts? 3. Would such an incomplete record supporting a decision denying relief regards to mixed questions of law and facts in dispute, , he a "Manifest Injustice misrepresented to the courts, left not corrected by the court he a "Miscarriage of Justice?" 4, Would petitioner's plead of not guilty (actual innocence) allow the necessary gateway for this writ to issue over the (18) year old procedural due process right denial and Title 1., of the "Antiterrorism and Effective Death Penalty Act of 1996? and or 5. Could this Supreme Court issue this writ through its power to correct this procedural “manifest Injustice" pursuant to Rule 60(h)(3),(4), of Federal Rules of Civil procedures where the United States District Court, were mislead fraudulent to believe the QUESTION(S) PRESENTED CON'T Missouri Western District Appeals Court in case no. WD62358, decision rested upon a complete developed record over those disputed facts as claimed? 6. Should the Missouri Eastern District and Western District Appeals Courts Conflicting standards of review deprive petitioner his right to adequate procedural due process, hecause he is in the Western district appeals court?