Benson Coriolant v. United States
HabeasCorpus JusticiabilityDoctri
Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealability is in conflict with the Supreme Court's decisions
QUESTIONS PRESENTED I. WHETHER THE FIFTH CIRCUIT'S HOLDING THAT THE PRO SE LITIGANT HAS ABANDONED ANY CLAIM(S) NOT RAISED IN AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY — EXTENDING AND CONFLATING F.R.A.P. 28 APPLICABLE TO THE ACTUAL APPEAL BRIEF CONTEXT — IS IN CONFLICT WITH THE SUPREME COURT'S DECISIONS EMPHASIZING THAT THE PROCEDURES AND CONSIDERATIONS AT THE COA STAGE ARE TO BE DISTINGUISHED FROM AN ACTUAL APPEAL? II. WHETHER THE FIFTH CIRCUIT IMPROPERLY REFUSED TO CONSIDER AN ACTUAL INNOCENCE CLAIM RAISED FOR THE FIRST TIME IN AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY? Itt. WHETHER THE FIFTH CIRCUIT RENDERED LESS THAN A FULL AND FAIR CONSIDERATION OF PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY BY FAILING TO RECOGNIZE THAT THE SUPREME COURT STANDARDS AUTHORIZE THE ISSUANCE OF A COA EVEN WHEN THE ISSUE(S.) ARE NOT NECESSARILY DEBATABLE? Iv. WHETHER THE UNITED STATES SUPREME COURT MAY CONSIDER PETITIONER'S CLAIM THAT HIS CRIMINAL JUSTICE ACT APPOINTED COUNSEL FAILED TO ADVISE HIM OF THE TIME TO SEEK SUPREME COURT REVIEW, FOLLOWING HIS DIRECT CRIMINAL APPEAL, RAISED FOR THE FIRST TIME IN THE INSTANT PETITION FOR A WRIT OF CERTIORARI? -i