Whether the Eleventh Circuit should have issued a certificate of appealability

Question Presented Whether the Eleventh Circuit should have issued a certificate of appealability because reasonable jurists could disagree over the district court’s resolution of the following three issues: 1) Whether Alabama’s capital sentencing scheme, which relegated the jury to an advisory role and empowered the judge to make the findings necessary to impose a death sentence, violated Mr. Frazier’s rights under the Sixth and Fourteenth Amendments? 2) Whether Mr. Frazier’s petition constituted a second or successive petition under 28 U.S.C. § 2244 where the legality of Mr. Frazier’s detention under the rule announced by the United States Supreme Court in Hurst v. Florida, 136 S. Ct. 616 (2016), had not been determined by a judge or court of the United States on a prior application for a writ of habeas corpus? 3) If, under the facts of this case, Mr. Frazier’s petition did constitute a second or successive petition, whether 28 U.S.C. § 2244 unconstitutionally suspends the writ of habeas corpus as applied to the circumstances of this case? i List of Proceedings Underlying Trial: Circuit Court of Jefferson County, Alabama: State of Alabama v. Demetrius Frazier, CC-95-2606 Judgement Entered: August 8, 1996 Direct Appeal: Alabama Court of Criminal Appeals: Frazier v. State, 758 So. 24 577 (Ala. Crim. App. 1999) Judgement Entered: January 15, 1999 Alabama Supreme Court: Ex parte Frazier, 758 So. 2d 611 (Ala. 1999) Judgement Entered: December 30, 1999 United States Supreme Court: Frazier v. Alabama, 121 8. Ct. 109 (2000) Judgement Entered: October 2, 2000 2001 Rule 32 and Appeal: Circuit Court of Jefferson County, Alabama: Frazier v. State, CC-95-2606.60 Judgement Entered: February 8, 2002 Remanded by Alabama Court of Criminal Appeals: February 23, 2003 Judgement Entered: May 7, 2003 Alabama Court of Criminal Appeals: Frazier v. State, 884 So. 2d 908 (Ala. Crim. App. 2003) Judgement Entered Remanding Case: February 23, 2003 Judgement Entered Affirming Dismissal: August 15, 2003 Alabama Supreme Court: Ex Parte Demetrius Terrence Frazier, No. 1022171 Judgement Entered: January 30, 2004 ii 2004 Federal Habeas (2254) and Appeal: United States District Court for the Northern District of Alabama, Southern Division: Frazier v. Bouchard, 2:04-CV-00211 Judgement Entered: September 28, 2007 Court Denied Rule 59(e) Motion: September 22, 2008 Eleventh Circuit Court of Appeals: Frazier v. Bouchard, 661 F.3d 519 (11th Cir. 2011) Judgement Entered: October 25, 2011 United States Supreme Court: Frazier v. Thomas, 133 S. Ct. 410 (2012) Judgement Entered: October 1, 2012 2017 R32 and Appeal: Circuit Court of Jefferson County, Alabama: Frazier v. State, CC-1995-2606.61 Judgement Entered: November 14, 2017 Alabama Court of Criminal Appeals: Frazier v. State of Alabama, No. CR-17-0372 Judgement Entered: June 29, 2018 Alabama Supreme Court: Frazier v. State of Alabama, No. 1171020 Judgement Entered: November 16, 2018 Unites States Supreme Court: Frazier v. State of Alabama, No. 18-8670 Judgement Entered: October 7, 2019 2018 Federal Habeas (2254): United States District Court for the Northern District of Alabama, Southern Division: Frazier v. Dunn, 2:18-CV-01899 Judgement Entered: June 18, 2019 Eleventh Circuit Court of Appeals: Frazier v. Commissioner, AL Dept. of Corrections, No. 19-12521-P Certificate of Appealability Denied: August 2, 2019 iii