Anthony Thomas v. Victor Calloway, Warden
DueProcess HabeasCorpus
Should a certificate of appealability have issued?
QUESTIONS PRESENTED . 1. Should a certificate of appealability have issued where the District Court incorrectly opined that claims raised by Mr. Thomas were matters of state law, overlooking that the preserved issues were argued and well-grounded under federal constitutional law? ; 2. Should a certificate of appealability have issued where the District Court incorrectly opined Mr. Thomas' perjury claim was procedurally defaulted, ignoring that state post-conviction appellate counsel inappropriately withdrew on state appeal, thereby stifling Mr. Thomas' continued attempts to have his claim considered in one complete round of state appellate review? 3. Are the integrity of the habeas proceedings compromised requiring remand back to the District Court where the court ruled on Mr. Thomas' petition without allowing him to respond to the State's answer, where Mr. Thomas never refused or failed to respond, but rather asked for help in responding, citing the difficulty in understanding the complex procedural doctrines made by attorneys who had significant advantage over him? i