Does a Circuit Court's denial of an application for a Certificate of Appealability based on the merits of the appeal, rather than on whether reasonable jurists could disagree on a petitioner's constitutional claims, violate a petitioner's constitutional right to due process?

QUESTION PRESENTED Does a Circuit Court’s denial of an application for a Certificate of Appealability based on the merits of the appeal, rather than on whether reasonable jurists could disagree on a petitioner’s constitutional claims, violate a petitioner’s constitutional right to due process? ii LIST OF PROCEEDINGS HABEAS PROCEEDINGS United States Court of Appeals for the Sixth Circuit No. 21-4218 Frank Oswald v. Nicholas Mauer, et al. Date of Final Order: June 28, 2022 United States District Court for the Northern District of Ohio, Eastern Division No. 5:19-cv-01191 Frank Oswald v. Nicholas Mauer, et al. Date of Final Order: November 29, 2021 DIRECT PROCEEDINGS Supreme Court of Ohio No. 2018-0388 State of Ohio v. Frank Oswald Date of Final Order: May 23, 2018 Court of Appeals of Ohio, Ninth District, Summit County No. 28633 State of Ohio v. Frank Oswald Date of Final Order: January 24, 2018 iii Court of Common Pleas, County of Summit, Ohio No. CR-20160-04-1302 State of Ohio v. Frank Oswald Date of Final April 17, 2017