Demetrius Dewayne Smith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Punishment
When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction?
Questions Presented 1. When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction? 2. Where all available record-based evidence categorically demonstrates a venireperson is not disqualified from serving as a juror in a capital case under this Court’s line of cases commencing with Witherspoon v. Illinois, is a state court decision finding the venireperson to be solely on the basis of the trial court’s “impression” of the juror objectively unreasonable within the meaning of 28 U.S.C. 2254(d)? ii