David Merritt v. Robert May, Warden, et al.
FifthAmendment DueProcess HabeasCorpus JusticiabilityDoctri
Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability
QUESTION PRESENTED 1. Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability by.sanctioning the district court's enhanced version of the Martinez rule "substantial claim" requirement when dismissing insufficient evidence as unexhausted and procedurally defaulted but then adjudicating the matter beneath ineffective assistance of counsel to ultimately resolve the merits of the appeal although the barred claim made a "substantial showing of the denial of a constitutional right" based on the existence of a wrongful conviction? i