Michael J. Aguon v. Warren L. Montgomery, Warden, et al.
DueProcess
Whether the prosecution's gang expert's hearsay testimony violated Crawford v. Washington
QUESTIONS PRESENTED (Continued...) IV BECAUSE THE STATE COURTS, AS WELL AS THE DISTRICT COURT . BLAMED PETITIONER FOR THE UNDEVELOPED RECORD THAT WOULD ° SUPPORT HIS CLAIMS, AND SUCH CLAIMS REST LARGELY ON THE RECORD ON THE APPEAL; THUS, IT WAS INCUMBENT UPON APPELLATE COUNSEL TO RAISE THE STRONGEST CLAIMS ON DIRECT APPEAL. SO THE STATE COURTS' DECISION WAS BASED ON UNREASONABLE DETERMINATION OF FACTS IN LIGHT OF THE RECORD IN THE STATE COURT. THE NINTH CIRCUIT COURT'S DECISION IS DEBATABLE AMONGST JURISTS OF REASON. HENCE, A CERTIFICATE OF APPEALABILITY SHOULD BE ISSUED IN THIS CASE. Vv . WHETHER THE PROSECUTOR COMMITTED PROSECUTOR MISCONDUCT DURING CLOSING ARGUMENT IS "DEBATABLE AMONGST JURISTS OF REASON," THE NINTH CIRCUIT COURT'S DECISION TO DENY THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY MUST BE VACATED AND CASE REMANDED. (ii)