Siddhanth Sharma v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al.
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Does the claim of Factual Innocence qualify as a debatable claim for the denial of a Constitutional Right
QUESTIONS PRESENTED 1.) To be issued a COA : Does the claim of Factual Innocence qualify as a debatable claim for the denial of a Constitutional Right as enunciated in Slack v. McDaniel, 529 U.S. 478, 484-485 (2000)? 2.) To be issued a COA : Does the claim of Factual Innocence qualify as a debatable claim regarding whether the lower courts properly applied a Procedural Bar, as enunciated in Slack v. McDaniel, 529 U.S. 473, 484-485 (2000); McQuiggin v. Perkins, 569 U.S. 383, 386 (2018)? . A.) Notwithstanding Factual Innocence : Was Petitioner required to object urs aye when state statute preserved his claims? B.) Notwithstanding Factual Innocence : For the purposes of the District Court relying on the NCCOA opinion to apply a procedural default, Did the NCCOA definitively rule on Petitioner's Sandstrom claim? C.)Notwithstanding Factual Innocence : For the purposes of the District Court relying on the NCCOA opinion to apply a procedural default, Was the last court Petitioner appealed to the NC Court of Appeals (NCCOA) or the NC Supreme Court? . iti . D.)Notwithstanding Factual Innocence : Does the District Court’s analysis _ that Plaintiff was legally innocent rather than Factually Innocent qualify as a debatable claim for issuance of a COA, when this basis was used as : the justification for a procedural bar? E.) Notwithstanding Factual Innocence : For the purposes of the District Court relying on a procedural bar Was Petitioner required to prove to the 7 District Court that he was not a felon, when Respondents had failed to produce evidence of that element during trial? iv .