Michael P. Johnson v. Mark Hooks, Warden
HabeasCorpus
Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. §2253(c)(2) of making a substantial showing of a denial of a federal constitutional right for the issuance of a certificate of appealability by pointing to a ruling of another federal court that has resolved the same claim 'in a different manner' than the district court did in his case upon similar facts?
QUESTION PRESENTED FOR REVIEW Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. §2253(c)(2) of making a substantial showing of a denial of a federal constitutional right for the issuance of a certificate of appealability by pointing to a ruling of another federal court that has resolved the same claim “in a different manner” than the district court did in his case upon similar facts? i