Phillip E. Smith v. Collins, First Name Unknown, et al.
DueProcess HabeasCorpus Privacy
Did the Ninth Circuit err in denying a certificate of appealability?
QUESTION PRESENTED Did the Ninth Circuit err in denying a certificate of appealability to a petitioner who raised four substantial claims that his conviction was unconstitutional due to insufficient evidence, the introduction into evidence of a video of his arrest, the failure to sever his trial from that of his co-defendant, and cumulative error, contrary to the due process clauses of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and in conflict with the standards for a certificate of appealability set by 28 U.S.C. § 2253(c)(2) and by this Court in Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) and Slack v. McDaniel, 529 U.S. 473 (2000)? ii