Nicholas Wukoson v. United States
DueProcess
Whether the U.S. Circuit Court of Appeals in the 11th Circuit departed from its accepted and usual course of judicial proceedings
QUESTIONS PRESENTED Question 1 Whether it is acceptable for the U.S. Circuit Court of Appeals in the llth Circuit to depart from its accepted and usual course of judicial proceedings of both granting a Certificate of Appealability for and then remanding all unaddressed claims back to the district court to address. This precedent rule was established in Clisby v. Jones, 960 F.2d 925, 936 (llth Cir. 1992) and accepted countless times since, even by the same judge, but not in this case. Question 2 Whether it is acceptable for the U.S. Circuit Court of Appeals in the llth Circuit to refuse to review unpreserved claims of factual error under the plain error test, as per Federal Rule of Civil Procedure 52(b) and this court's ruling in Davis v. U.S., 140 S.Ct. 1060, 1061 (2020). See also U.S. v. Zinn, 321 F.3d 1084, 1087 (llth Cir. 2003).