Whether the Fifth Circuit violated the standard for determining a Certificate of Appealability

QUESTIONS PRESENTED 1. Whether the United States Court of Appeals for the Fifth Circuit has again violated the standard for determining whether a Certificate of Appealability should issue with respect to the appeal of various procedural and substantive issues in a capital federal habeas case, as this Court has found it has repeatedly done since 2003? 2. Whether the Texas Court of Criminal Appeals’ order one week before Petitioner’s state habeas application was due that permitted Petitioner to waive state habeas proceedings and thereafter served to preclude Petitioner from having his state habeas application considered even though, on the due date of the state habeas application, he changed his mind and filed his application, could then be treated as an adequate state procedural ground to bar federal habeas proceedings? 3. Whether findings of fact entered by a state habeas corpus trial court on a state habeas corpus application are made by “a court of competent jurisdiction,” Sumner v, Mata, 449 U.S. 539 (1981), and thus afforded a presumption of correctness in subsequent federal habeas corpus proceedings, when on review by the state appellate court, that court determines that the state habeas corpus applicant waived his right to file a state habeas corpus application prior to filing it and refuses to review the trial court’s findings? i