George Cleveland, III v. Jerry B. Adger
ERISA HabeasCorpus
Whether Slack v. McDaniel requires the Court of Appeals to determine if a Habeas Corpus Petitioner's Appeal states a valid claim of the denial of a constitutional right
Questions Presented Whether Slack v. McDaniel, 529 U.S. 473 (2000) requires the Court of Appeals to determine with specificity, if a Habeas Corpus Petitioner’s Appeal “states a valid claim of the denial of a constitutional right, and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Does the “case and controversy” clause under Art. III § 2 of the U.S. Const. bar the District Court from deciding a case and controversy without arguments on the merits from both parties first? Does the privilege of the Writ of Habeas Corpus’ suspension clause under Art. I § 9 of the U.S. Const. bar a 1-year period of limitation under 28 § 2244 (d)(1)(2) to apply for it in the District Court?