Jonathan Godwin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
HabeasCorpus
Whether an applicant must demonstrate both the debatability of constitutional claims and the debatability of procedural rulings to obtain a certificate of appealability
QUESTIONS PRESENTED 1. WHETHER AN APPLICANT HAS TO DEMONSTRATE BOTH THE DEBATABILITY OF CONSTITUTIONAL CLAIM(S) AND THE _ DEBATABILITY OF PROCEDURAL RULING(S), BEFORE ISSUANCE OF A CERTIFICATE OF APPEALABILITY PURSUANT TO 28 U.S.C. § 2253(C), . WHERE THE APPLICATION FOR THE CERTIFICATE PRESENT ONLY MERIT DETERMINE CLAIMS REACHED BY THE DISTRICT COURT? 2. WHETHER THE STANDARD FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY AS SET FORTH IN SLACK V. McDANIEL, 529 U.S. 473 (2000) REQUIRE AN APPLICANT TO DEMONSTRATE BOTH THE DEBATABILITY OF CONSTITUTIONAL CLAIM(S), AND THE DEBATABILITY OF PROCEDURAL RULING(S), IRRESPECTIVE OF THE APPLICANTS ABANDONMENT OF THOSE CLAIM(S) THE DISTRICT COURT DISMISSED ON PROCEDURAL GROUNDS?