Robin Renee Melchior v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Whether a United States District Court erred in failing to grant a certificate of appealability for a habeas corpus appeal
QUESTIONS PRESENTED , Whether the United States District Court and the United States Court of Appeals below erred by failing to grant Petitioner a ‘certificate of appealability’ for her habeas corpus appeal, under 28 U.S.C. 2253(c) and the “modest showing” required by Slack v. McDaniel, 529 U.S. 473 (2000)? ; What standard of review is a United States District Court to utilize when determining whether to dismiss a state prisoner’s habeas petition pursuant to Rule 4 of the Rules Governing Section 2254 cases in the United States District Courts? . Whether a United States District Court may dismiss a state prisoner’s habeas petition on the face of the petition without reviewing the state court records when the prisoner pleads : newly presented evidence since the time of the original state trial proceedings? ii