Christopher S. Andersen v. Jeri Taylor
HabeasCorpus Jurisdiction
Whether the test for granting a Certificate of Appealability in a habeas action on an ineffective assistance of trial counsel claim must incorporate the Strickland v. Washington, 466 U.S. 668 (1984), test
QUESTION PRESENTED Whether the test for granting a Certificate of Appealability in a habeas action on an ineffective assistance of trial counsel claim must incorporate the Strickland v. Washington, 466 U.S. 668 (1984), test for whether trial counsel was ineffective (i.e., whether the petitioner has shown that, but for the deficient performance, there is a reasonable likelihood that the outcome would have been different), or, whether it may incorporate a more demanding test (e.g., the test the District Court employed in this case, whether the petitioner has shown that, but for the deficient performance, the outcome would have been different). i