Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al.
AdministrativeLaw Immigration
Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state court's erroneous facts was correct?
QUESTION(S) PRESENTED .. . WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING : THAT PETITIONER SUFFICEINCY OF. EVIDENCE CLAIM WAS PROCEDURALLY ; . ‘DEFAULTED BASED ON STATE COURT'S ERRONEOUS FACTS WAS CORRECT? WHETHER PETITIONER WAS. DENIED HIS RIGHT TO EFFECTIVE CROSS— EXAMINATION UNDER THE SIXTH AMENDMENT WHEN THE STATE FAILED TO. : DISCLOSE THAT AN ARRESTING STATE TROOPER WAS BEING INVESTIGATED ‘ ; FOR SEXUAL ACTS CONDUCTED ON A COMPUTER DURING PETITIONER'S Do -. TRIAL, WHICH AFTER THE STATE TROOPERS ARREST TAMPERED EVIDENCE. — . FROM . PETITIONER'S CASE WAS FOUND IN THE < STATE TROOPER'S ie RESIDENCE? Lo . oS oe ; "