Whether the standard announced in Slack v. McDaniel compels issuance of a certificate of appealability where prima facie evidence demonstrating a Sixth Amendment violation under Brady v. Maryland deserves encouragement to proceed further through an evidentiary hearing under Townsend v. Sain

QUESTIONS PRESENTED Question #1: ; . "In Hohn v. United States, 524 U.S. 236, 253 (1998), this Court held that it has | authority and jurisdiction to review denials of applications for Certificates of Appealability. . (a) Does the standard announced in Slack v. McDaniel, 529 U.S. 473 (2000), compel issuance of a certificate of appealability where prima facie evidence , demonstrating a Sixth Amendment violation under the standard announced in Brady v. Maryland, 373 U.S. 83 (1963), “deserve[s] encouragement to proceed further” through an evidentiary hearing under the mandate of Townsend v. Sain, 372 U.S. 293 (1963)?; (b) Being reasonable jurists will follow controlling law, does the standard annouriced in Apprendi v. New Jersey, 530 U.S. 466 (2000), compel issuance of a ' certificate of appealability where the sentencing issue at bar has been held by the circuit =~ court to be unconstitutional? | -ii a :