Whether a state federal habeas petitioner is required to obtain a certificate of appealability to appeal a district court decision not arising from a state court process

QUESTION(S) PRESENTED QUESTION No. 1 IS A STATE FEDERAL HABEAS PETITIONER PURSUANT TO A PROCEEDING ' UNDER TITLE 28 U.S.C., SECTION 2241 REQUIRED TO OBTAIN A CERTIFICATE OF APPEALABILITY TO APPEAL THE DECISION OF A UNITED STATES DISTRICT COURT IN WHICH THE ISSUE TO BE ADJUDICATED DID NOT ARISE OUT OF A PROCESS ISSUED BY A STATE COURT OR IN WHICH THE DETENTION COMPLAINED OF DID ARISE OUT OF A PROCESS ISSUED BY A STATE COURT? QUESTION No. 2 QUESTION No. 2 WHETHER THE COURT OF APPBAES SHOULD HAVE ISSUED. A CERTIFICATE OF APPEALABILITY FROM THE DISTRICT COURT'S DETERMINATION THAT THERE WAS NO OUTSTANDING JUDGMENT AND ORDER OF CONVICTION IN CASE No. #CR-94-311 SIMPLY BECAUSE THE PETITIONER HAD BEEN REINDICTED IN CASE No. #CR-95-129 AND CONVICTED FOR THE SAME OFFENSE WHEN THE RECORD UNEQUIVOCALLY AND UNQUESTIONABLY SHOWS THAT THE STATE TRIAL COURT ADJUDICATED GUILT AND SENTENCED THE PETITIONER TO ' SIXTY, (60) ¥EARS CONFINEMENT IN THE TEXAS DEPARTMENT OF CRIMINAL INSTITUTIONS DIVISION IN CASE No. #CR-94-311? QUESTION No. 3 DOES THE STATE SUBVERT OR INFRINGE UPON THE RIGHTS OF A CRIMINAL DEFENDANT UNDER THE DOUBLEAGEOPARDY CLAUSE TO THE FIFTH AMENDMENT TO THE UNTIED STATES CONSTITUTION. MADE APPLICABLE TO THE STATES UNDER THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION BY REFUSING TO ENTER OF RECORD A WRITTEN JUDGMENT AND SETNENCE OF CONVICTION THAT WAS PRONOUNCED IN OPEN COURT AND NEVER VACATED BY WAY OF APPEAL OR NEW TRIAL? QUESTION No. 4 WHETHER A CRIMINAL DEFENDANT IS ENTITLED TO FEDERAL HABEAS CORPUS RELIEF WHEN THE TRUTH OF THE MATTER IS UNEQUEVOCALLY AND UNQUESTIONABLY SET FORTH IN THE STATE COURT TRIAL RECORD SHOWS A FINDING OF GUILT AND IMPOSITION OF PUNISHMENT THAT CLEARLY IMPLICATES A DOUBLE JEOPARDY CONCERN AND RIGHT THAT CALLS FOR THIS COURT'S SUPERVISORY POWER AND AUTHORITY TO GRANT HABEAS CORPUS RELIEF OR TO REVERSE AND REMAND THE CASE WITH INSTRUCTIONS? Ly