HabeasCorpus
Whether transfer to the district court for a hearing pursuant to this court's original habeas jurisdiction is warranted in this exceptional case where petitioner has raised a substantial question of jurisdiction, the lower federal courts refused to address and no state or federal court has held an evidentiary hearing to examine his new evidence?
QUESTIONS ‘PRESENTED t. = WHETHER TRANSFER To THE DISTRICT COURT FOR A HEARING PURSUANT TO THIS COURT'S ORIGINAL HABEAS JURISDICTION IS © WARRANTED IN THIS EXCEPTIONAL CASE WHERE PETITIONER HAS RAISED A SUBSTANTIAL QUESTION OF JURISDICTION, THE LOWER FEDERAL COUVATS REFUSED To ADDRESS AND NO STATE OR FEDERAL LovRT HAS HELD AN EVIDENTIARY HEARING 10 EXAMINE HIS NEW EVIDENCE? 2, WHETHER THE ANTITERRORISM Aw) EFFECTIVE DEATH PENALTY ALT OF 1996 ("AEDPA") PRECLUDE JURISDICTION CLAIMS NoT DELIBERATELY BYPASSED BY PETITIONER IN THE PRIOR PROCEEDINGS BUT RAISED FOR THE FIRST TIME IN A SUCCESSIVE HABEAS PETITION BASED ON NEWLY DISCOVERED EVIDENCE ?