Thomas Victor Sway v. United States
DueProcess HabeasCorpus
When denial of COA was made in conclusory order without any precedent to rely on and there exists no sufficient basis for appellate court to review, was petitioner's ability to appeal wrongly impeded and was his procedural due process of law violated?
QUESTIONS FOR REVIEW ; FIRST QUESTION When denial of COA was made in conlusory order without any precendent to rely on and there exists no sufficient basis for appellant court to review, was petitioner's ability to appeal wrongly impeded and was his procedural due process of law violated? SECOND QUESTION Waen-gtounds on appeal are granted hearing and witnesses from trial provide testimony, does petitioner then have the right to confront those witnesses in order to satisfy the Strickland standard? THIRD QUESTION Does discretionary review in the interest of justice standard to substitute counsel leave petitioner vulnerable to a harmful conflict of interest without any chance for remedy? FOURTH QUESTION , Does lost mail, that resulted in untimely filing but was supported by supplemental motion and uncontested affidavit, qualify as extraordinary circumstances and all for equitable tolling? Rg