Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services
Should a Certificate of Appealability be issued on a Fourth Amendment claim in a Habeas Corpus petition where there was a dispute in the U.S. District Court regarding whether or not the State Court held an evidentiary hearing on the claim, and the petition was dismissed on procedural grounds?
QUESTION(S) PRESENTED oo HN) Should a Cockihicate of Appealabbithy be issued ona Fourth , Amendment claim im a Helbeas Cexpus pedtion VE Vnece twos a dispute in Bre OS. Diskeick Couck regarding whelhec or not We Shake Couck held an eviidentiacy \eacing on the claim, ond dhe | peldion as dvomissed on pe ocedura\ gcounds? | AN) Ts ow evidenkiacy hearing cequiced on % constitutional vi dloki on Clara wexe Mee Nacks axe v0 dispute ? 3) Should o U.S. Couch of \ppeals male findings of reason when ISsuing oc denying an application Soc a Cod Sicabe of Nopealabitry