Whether the Eighth Circuit has imposed an improper and unduly burdensome standard for granting a certificate of appealability in Mr. Barton's federal habeas corpus case

QUESTIONS PRESENTED FOR REVIEW Question One As to the violation of Mr. Barton’s right to be free from double jeopardy whether the Eighth Circuit has imposed upon Mr. Barton an improper and unduly burdensome standard for the granting of a certificate of appealability in his Federal habeas corpus case e when debatability among reasonable jurists upon the issue is established by the fact that, at the time the issue was considered on direct appeal, three dissenting state Judges would have granted relief upon the issue, e when the Second, Sixth and Seventh Circuits have held that such a direct appeal dissent should warrant issuance of a habeas corpus case certificate of appealability as a matter of “routine”, e when one Eighth Circuit Judge registered a dissent against the Eighth Circuit’s adverse determination, and e when the dictates of 28 U.S.C.A. § 2253(c)(1) and the practice by the Third, Fourth, and Ninth Circuits is to grant a certificate of appealability anytime that one Circuit Judge is in favor. Question Two As to the issue concerning dismissal of Mr. Barton’s amended Petition whether the Eighth Circuit has imposed upon Mr. Barton an improper and unduly burdensome standard for the granting of a certificate of appealability in his Federal habeas corpus case e when debatability among reasonable jurists upon the issue is established by the fact that the District Court conceded that its decision ran counter to Eighth Circuit precedent on the matter, e when one Eighth Circuit Judge registered a dissent against the Eighth Circuit determination, and e when the dictates of 28 U.S.C.A. § 2253(c)(1) and the practice by the Third, Fourth, and Ninth Circuits is to grant a certificate of appealability anytime that one Circuit Judge is in favor. 1