Douglas Duran Cerritos v. United States
HabeasCorpus Punishment JusticiabilityDoctri
Did the Fourth Circuit commit error by not granting Mr. Cerritos a COA under 28 U.S.C. §2253(c)(2), after the denial of his 28 U.S.C. §2255 motion when his trial counsel failed to request a psychiatric evaluation despite his aberrant behavior due to his young age?
QUESTION(S) PRESENTED | | oe 2 1. Did the Fourth Circuit commit errror by not granting Mr. Cerritos a COA under 28 U:S.C.. §2253 (c)(2), after the denial of ~~ “his 28 U.S.C. §2255 motion: when his trial counsel failea to “ request the court. to submit Mr. Cerritos to a psychiatric . “ . evaluation, when Mr. Cerritos demonstrated aberrant behavior, a : .: before trial, due to. his immature age of 18 years old ? a . -* 2. Under “Miller v. Alabama, 567. U.S. 460 (2012), the Eight ; “+ Amendment prohibits sentencing a juvenile convicted of homicide on to. a mandatory life sentence wihout parole. Did the Fourth ' Circuit commit error when it denied Mr. Cerritos a COA, under 28 U.S.C. §2253 (c)(1), after the denial of his 28. U.S.C. §2255 . . motion: when he is claiming that his trial counsel was deficient ) . :* ‘when it did not request the court to consider the imposition of a life sentence on him as an 18 year old ? > , ao ,