Alfred Starling v. Charles Mims, Warden
HabeasCorpus
Whether the lower courts erred in holding that reasonable jurists would not debate whether Petitioner's First Federal Habeas Corpus petition was untimely, applying AEDPA Statute of Limitations, with an Actual Innocence gateway claim presented?
QUESTIONS PRESENTED 1. Whether the lower courts erred in holding that reasonable jurists would not debate whether Petitioner's First Federal Habeas Corpus petition was untimely, applying AEDPA Statute of Limitations, with an Actual Innocence gateway claim presented? 2. Whether the lower courts applied the wrong standard of review, holding that reasonable jurists would not debate whether the miscarriage of justice exception applies to Petitioner's case when he raised a gateway actual innocence claim due to . insufficient evidence, and the admission of inadmissible evidence to which denied him a fair trial? 3. Whether the lower courts erred in holding that reasonable jurists would not debate whether the Petitioner was entitled to equitable tolling when he raised an actual innocence gateway claim supported with constitutional violations? ii