Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al.
DueProcess HabeasCorpus Privacy
Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner did not consent to proceed before that magistrate?
QUESTIONS PRESENTED a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner did not consent to proceed before that magistrate? b. Whether counsel was ineffective for not objecting on Sixth Amendment Confrontation Clause grounds to the prosecution presenting testimony by a surrogate expert conveying the _ testimonial statements and report of a non-testifying analyst and the substitute expert was not involved in the testing and merely adopted the non-testifying expert’s analysis in creating a report? c. Whether it is an unreasonable application of Strickland to deny an ineffectiveness claim based solely on the failure to present original trial counsel at a hearing?