Douglas W. Curtis v. Brian Eller, Warden
DueProcess HabeasCorpus Patent
Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law
QUESTIONS PRESENTED 1) Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law when the Sixth Circuit Appellate Court denied at, 5 } relief without having the Record on Appeal before it to review the = District Court’s clearly erroneous determinations for “clear error.” ; 2) Whether the Sixth Circuit Court of Appeals reached a decision that was contrary to existing U.S. Supreme Court precedent, and directly conflicted with findings of its sister circuits in similar cases on the issue of “novel” state procedural default determinations, and the relevant standard of review? 8) Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law, and the AEDPA sanctioned “one bite of the apple” when the Sixth Circuit applied deference to a constitutional claim supplanted by the state appeals court, who then adjudicated “4 their own supplanted claim rather than the actual claim properly ' ; presented to them concerning the rejection of a plea-offer? i j *ji