Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and imposed an unduly burdensome standard in denying a Certificate of Appealability (COA) to Petitioner Jason Robinson under 28 U.S.C. § 2253(c)

QUESTION PRESENTED Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and imposed an unduly burdensome standard in denying a Certificate of Appealability (COA) to Petitioner Jason Robinson under 28 U.S.C. § 2253(c), because it is debatable among jurists of reason whether this Court’s jurisdictional holding in Montgomery v. Louisiana, 136 S.Ct. 718 (2016), that retroactive application of new, substantive rules is constitutionally required: (a) rendered the one-year statute of limitations of the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), inapplicable to Robinson’s claims under Miller v. Alabama, 567 U.S. 460 (2012); or (b) required the federal district court to determine under the Suspension Clause, U.S. Const. Art. I, § 9, cl. 2, whether the collateral proceedings afforded to Robinson in State court provided an adequate substitute for federal habeas corpus proceedings prior to dismissing his petition under 28 U.S.C. § 2244(d)(1). ii LIST OF PROCEEDINGS United States Court of Appeals for the Fifth Circuit No. 18-50968 Jason Isaiah Robinson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Decision Date: September 16, 2019 United States District Court, Western District of Texas, Waco Division No. W-18-CV-090-ADA Jason Isaiah Robinson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Decision Date: September 17, 2018 Reconsideration Denial Date: October 17, 2018 Court of Criminal Appeals of Texas No. WR-41,486-02 Ex Parte Jason Isaiah Robinson Decision Date: March 21, 2018 iii 27th Judicial District Court of Bell County, Texas No. 45,401-B Ex Parte Jason Isaiah Robinson Date of Entry of Findings of Fact and Conclusions of Law: January 29, 2017