Whether the lower court erred in its application of the Fourteenth Amendment's Due Process Clause and Equal Protection Clause

No question identified. : S. Ct. R. 14.1(a) 1. When a state Supreme Court requires a specific material fact and element to . be proven beyond a reasonable doubt in order to sustain a criminal conviction, does a federal appellate court erroneously deny a Certificate of Appealability when the district court in the same case confirms the state’s failure to prove that specific and required element? 2. Did the United States Court of Appeals for the Sixth Circuit wrongfully deny Petitioner a Certificate of Appealability on his Sufficiency of the Evidence claim, thereby denying him his right to properly appeal the denial of his constitutional right to conviction upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged, consistent with United States Supreme Court precedent, when the district court confirmed the state’s failure to prove the specific and required element to sustain a conviction as required under state law and when the same Court of Appeals concluded in prior cases that the state was required to prove that specific element beyond a reasonable doubt? | S. Ct. R. 14.1(b) (iii) | List of Proceedings 1. Jury Trial, Case No. 13 CR 2217, Franklin County, Ohio Court of Common . Pleas (June 9, 2014 — July 8, 2014). : . 2. First Direct Appeal, 14 AP 679, Tenth District Court of Appeals, Franklin County, Ohio (Decision, June 22, 2017) (2017-Ohio-4452) (Remanded for Resentencing). 3. Ohio Supreme Court declined jurisdiction, Case No. 2017-1074 (January 31, 2018) (2018-Ohio-365). 4. Motion for New Trial, denied in Case No. 13 CR 2217. 5. Appeal to the Tenth District Court of Appeals, Case No. 16 AP 355, decision affirmed on January 19, 2017 (2017-Ohio-197). ; 6. Ohio Supreme Court declined jurisdiction on June 21, 2017, Case No. 20170313 (2017 Ohio LEXIS 1261). 7. Motion for New Trial (24), denied in Case No. 13 CR 2217. . 8. Appeal to the Tenth District Court of Appeals, Case No. 17 AP 852, decision was affirmed on October 23, 2018 (2018-Ohio-4299). . 9. Ohio Supreme Court declined jurisdiction on January 23, 2019, Case No. 2018: 1657 (2019-Ohio-173). . 10. Petition for Post-Conviction relief denied by the trial court. 11. Appeal to the Tenth District Court of Appeals, Case No. 18 AP 276, decision affirmed on March 21, 2019 (2019-Ohio-1010). ii 12.Ohio Supreme Court declined jurisdiction on September 17, 2019 in Case No. 2019-0865 (2019-Ohio-3731). 13.First Resentencing hearing, March 27, 2018 in Case No. 13 CR 2217, from . remand in 14 AP 679 (June 22, 2017). . 14. Appeal to the Tenth District Court of Appeals, Case No. 18 AP 300 (2020-Ohio3552), decision on June 30, 2020, second remand to trial court. 15.Ohio Supreme Court declined jurisdiction on September 13, 2020 in Case No. 2020-0889 (2020-Ohio-4811). 16.Second resentencing hearing from remand in 18 AP 300 held on October 19, 2022. . 17.Petition for Writ of Habeas Corpus, U.S. District Court for the Southern District of Ohio, filed on March 27, 2019. 18.Amended Petition for Writ of Habeas Corpus, U.S. District Court for the Southern District of Ohio, filed on June 13, 2021. 19.Petition dismissed on December 7, 2023 (2022 U.S. Dist. LEXIS 221147). District Court granted a Certificate of Appealability on two issues: L Did the serial amendments to the charges against Appellant deprive him of fair notice? . II. ‘Did the lack of specificity and differentiation in the indictment and bills of particulars violate the Double Jeopardy Clause? Petitioner requested a COA on three (3) additional issues: ; 1. Was Appellant convicted upon legally sufficient evidence? 2. Was Appellant denied his Constitutional right to a unanimous verdict? iii 3. Was Appellant denied his Constitutional right to a fundamentally fair trial? The District Court denied the certificate on all three additional issues. . 20. Appeal to the United States Court of Appeals for the Sixth Circuit. Case No. . 22-4049 (Pending). Application to Expand Certificate of Appealability denied