Elseddig Elmarioud Musa v. United States
DueProcess HabeasCorpus
Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (COA) in distegard of the rule announced in Buck v Davis"
Questions Presented | 1, Where a Court of Appeals denies a Petition for Issuance of | a Certificate of Appealability (“COA”) in distegard of the | rule announced in Buck v Davis, this Court should issue a | Writ of Certiorari ordering the Court of Appeals to vacate | its Decision and render a decision on remand in strict | compliance with Buck v Davis in order to foster and demand compliance in the Courts of Appeal with Supreme | Court precedent and the due process clause of the Constitution. 2. Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (“COA”) in violation of the rule announced in Miller—El, this Court should issue a Writ of Certiorari ordering the Court of Appeals on remand to vacate tts Decision and hold an evidentiary hearing to resolve the questions of fact bearing on whether defense counsel did or did not provide ineffective assistance. 2