Robert Wallace Smith v. United States
DueProcess HabeasCorpus
Did the Ninth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of certificate of appealability
QUESTION(S) PRESENTED 1) Did the Ninth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of certificate of appealability. : | 2) Has the Supreme Court of the United States everturned its.own precedent in Buck v. Davis, S.Ct. 759 (2017); Trevino v. Thaler, 133 S.Ct. 1911 (2013); Martinez v. Ryan, 566 U.S. 1 (2012); and Massaro v. United States, 123 S.Ct. ~ 1690 (2003). Where this court decided that a procedural default would not bar a claim of ineffective assistance of trialccounsel, when collateral proceeding was the firdt place to challenge a conviction on a ground of ineffective in assistance. : 3) Has the Supreme Court of the United States overturned its precedent in Brady v. Maryland, 83 S.Ct. 1194 (1963); Arizona v. Youngblood, 109 S.Ct. & 885 (1988); and United States v. Agurs 96 S.Ct. 2392 (1976). Where if there is evidence that is favorable to the defense that it should be handed over. 4) Does the Supreme Court decision in Buck v. Davis violate the equal protection . . of the law, where it allows a different standard of review for state prisoners as compared to federal prisoners who are similary situated. : ‘ i : ee be ee ne ee