Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al.
DueProcess HabeasCorpus
Whether to make a substantial showing of the denial of a constitutional right a habeas applicant for a C.O.A. need not show that he will prevail on the merits
QUESTIONS PRESENTED , (1) WHETHER TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A : CONSTITUTIONAL RIGHT A HABEAS APPLICANT FOR A C.0.A. NEED NOT SHOW THAT HE WILL PREVAIL ON THE MERITS. HE HAS ALREADY FAILED IN THE oe ENDEAVOR, BUT MUST “DEMONSTRATE THAT THE ISSUES ARE DEBATABLE AMONG JURISTS OF REASON; THAT A COURT COULD RESOLVE THE ISSUS [IN A DIFFERENT MANNER]; OR THAT THE QUESTIONS ARE “ADEQUATE TO DESERVE _ ENCOURAGEMENT TO PROCEED FURTHER”. . (2) WHETHER A STATE PRISONER UNDER MARTINEZ MAY OVERCOME A co, . PROCEDURALLY DEFAULTED CLAIM BY SHOWING CAUSE FOR THE DEFAULT AND PREJUDICE. (3) WHETHER UNDER STRICKLAND, COUNSEL HAS A DUTY TO MAKE : REASONABLE INVESTIGATIONS, OR MAKE A REASONABLE DECISION THAT MAKES PARTICULAR INVESTIGATIONS UNNECESSARY. . (4) WHETHER UNDER MARTINEZ A STATE PRISONER MAY OVERCOMEA PROCEDURALLY DEFAULTED CLAIM BY SHOWING THAT POST-CONVICTION COUNSEL WAS INEFFECTIVE IN FAILING TO RAISE THE INEFFECTIVE. ASSISTANCE OF TRIAL COUNSEL CLAIM IN THE FIRST-COLLATERAL REVIEW PROCEEDING. ° FD _ (5) WHETHER THE RIGHT TO NOTICE OF A CHARGE IS BASIC AND THE MOST CLEARLY ESTABLISHED DUE PROCESS RIGHT OF AN ACCUSED IN A CRIMINAL PROCEEDING. . 7 . (6) WHETHER A PERSON CAN NOT BE CONVICTED OF AN OFFENSE NOT CHARGED AGAINST HIM BY INDICTMENT OR INFORMATION AND DUE PROCESS OF LAW REQUIRES NOTICE OF CHARGES. (7) WHETHER THE RIGHT TO FORMAL NOTICE OF CHARGES TO'AN ACCUSED AND TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST . HIM IT IS WELL ESTABLISHED. ; oe 9 . . : ; PARTIES The Petitioner is Isaac naranjo, a prisoner at SCI-Rockview. The Respondents are : Superintendent Fayette SCI, and the Attorney General of the State of Pennsylvania, et al. . ray Do