Frederick R. Cote v. Debbie Asuncion, Warden
DueProcess HabeasCorpus Punishment
Is the low threshold for a certificate of appealability (COA) met on a freestanding claim of actual innocence"
QUESTIONS PRESENTED 1. Is the low threshold for a certificate of appealability (“COA”) met on a freestanding claim of actual innocence when a habeas petitioner serving lifewithout-parole presents a declaration from the admitted real killer and star prosecution witness stating that he falsely implicated petitioner at trial to avoid the death penalty and that another person hired him to kill the victim? Does the presentation of this declaration and supporting declarations entitle a petitioner to a COA on his claim of actual innocence alleged to excuse state procedural defaults and the untimely filing of his federal petition? 2. Does a petitioner meet the low threshold for a COA on a claim that the prosecution presented false evidence when the claim is based on the declaration of the admitted real killer and star prosecution witness stating that he falsely implicated petitioner at trial to avoid the death penalty and that another person hired him to kill the victim? 3. Should a COA issue on a claim that the trial court violated petitioner’s constitutional rights by excluding evidence of third-party culpability where the court prevented petitioner from presenting evidence that a prosecution witness who testified that he was friends with the admitted real killer and had contemplated various methods to kill or injure the victim was in fact the person who hired the real killer? 4, Is a petitioner entitled to a COA on his claim that his trial counsel was prejudicially ineffective in failing to investigate and present evidence supporting the defense that a third-party -not petitioner -hired the i admitted real killer given the facts described in questions one through three above? ii