Freddie Cleveland v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.
DueProcess HabeasCorpus
Did the District Court and the Court of Appeals for the Third Circuit abuse its discretion when not granting Petitioner's certificate of appealability
QUESTION(S) PRESENTED 1. Did the District Court and the Court of Appeals for the Third Circuit abuse its discretion when not granting Petitioner's certificate of appealability when it was debatable that relief pursuant to Federal Rules of Civil Procedure, Rule 60(b)(6); and this Court's precedent in Gonzalez v. Crosby, 545 U.S. 528 (2005)? 2. Should the High Court, as.a matter of public importance, . determine whether a defendant could make an "actual innocence," exception to the degree of guilt when the state does not prove the mens rea, and other criminal elements supporting a first-degree murder conviction as required by Due Process of law, and the Pennsylvania's crimes code? 3