Peter Victor Ayika v. United States
FourthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal
QUESTION(S) PRESENTED wee [1] ‘whether a certificate of Appealability (COA) should issue to pursue ‘the Sixth Amendment claim on appeal where petitioner's rights to Sixth Amendment constitutional right to effective assistance of counsel was denied when counsel was ineffective in failing to move to dismiss the indictment for violation of the Statutory and constitutional Speedy Trial Act (STA), [2] Whether a COA should issue to pursue Speedy Trial Act (STA) claims on appeal where petitioner's rights to statutory and constitutional Speedy trial were denied when more than thirty(30) days of the STA Section 3161(b)'s time limit was exceeded before the indictment was returned in this case. _.. [3]-Whether, under the Rule of this Honorahle Court, the Court of Appeals ib : erred when it denied -COA based on expressed view that claims : _presented in direct appeals for the first time and never raised in oe ; the district court are foreclosed, and therefore, preclude issuance . of a COA. . oo 2. Fa ' ”y