Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability

QUESTION PRESENTED FOR REVIEW. Whether the Third Circuit Court of Appeals erred by denying Petitioner’s request for a certificate of appealability after Petitioner made a substantial showing of the denial of a Constitutional right namely that: (1) trial counsel failed to investigate the case to any reasonable degree, (2) trial counsel failed to investigate appellant’s mental health and the factors that contributed to his mental health and failed to present those findings as they affected Petitioner’s competency, mental illness, insanity and/or diminished capacity; (3) trial counsel failed to allege that Petitioner was unable to knowingly, intelligently or voluntarily waive his Miranda warnings or make a voluntary confession due to mental illness; (4) trial counsel failed to investigate the criminal background of and cross-examine Commonwealth witnesses Eugene Marshall, Jr. and his wife Irene Marshall and to look for or speak to any witnesses prior to trial; (5) PCRA counsel failed to raise several errors and failures committed by trial counsel that undermined the truth determining process, all of which deprived the proceedings of the reliability and accuracy demanded by the procedures contained in United States Constitution. OPINIONS BELOW On August 29, 1984, Petitioner was convicted after a jury trial in the Court of Common Pleas of Philadelphia County. Commonwealth v. Marshall, Nos. 1721-32, November Term 1983 (Philadelphia C.P.) (Honorable Francis A. Biunno, presiding). On August 30, 1984, the jury returned two sentences of death and one sentence of life imprisonment. In 1989, the Pennsylvania Supreme Court affirmed the three murder convictions and one of the sentences of death but remanded the second death sentence for a rehearing. Commonwealth v. Marshall, 568 A.2d 590 (Pa. 1989). On July 27, 1990, rehearing jury again sentenced Mr. Marshall to death on the count of murder. The trial court formally imposed the death sentence on March 25, 1991. Mr. Marshall appealed the re-imposition of the death sentence to the Pennsylvania Supreme Court. On May 24, 1994, the Court affirmed the sentence of death. Commonwealth v. Marshall, 643 A.2d 1070 (Pa. 1994). Mr. Marshall filed a pro se Motion for Post Conviction Collateral Relief. On March 13, 1998, the PCRA court dismissed Petitioner’s PCRA without a hearing. On December 18, 2002, the Supreme Court of Pennsylvania affirmed the PCRA court’s ruling. Commonwealth v. Marshall, 812 A.2d 539 (Pa. 2002). On May 22, 2003, Petitioner filed a Petition for Writ of Habeas Corpus in Federal District Court. On November 6, 2018, the court Granted in part and Denied in part, granting only the vacating of the two sentences of death. Marshall v. Beard, et al., 2:03-cv-03308 Petitioner filed a Notice of Appeal on November 21, 2018. On August 14, 2019, the Third Circuit Court of Appeals denied Petitioner’s request for a Certificate of Appealability. Marshall v. Beard, et al., 18-9007 2