Clark D. Thomas v. McKendley Newton, Warden, et al.
DueProcess HabeasCorpus
Whether the Fourth Circuit erred in denying a certificate of appealability
Questions Presented I. Whether the Fourth Circuit erred in denying a certificate of appealability IL. on Petitioner’s claims that: ; A) The district court violated Petitioner’s Due Process rights under the Fourteenth Amendment to Equitable Tolling of the habeas limitations period is where Petitioner diligently “ pursued confidential medical records protected by HIPAA for 8% years through every available channel; B) Petitioner has shown actual innocence based on new evidence of the prosecuting / : witness’s perjury, withheld records rebutting her claims, and the prosecution’s fabrication of evidence in violation of Petitioner’s Due Process rights under the Fourteenth Amendment . warranting review of otherwise defaulted claims; ; ; C) Trial counsel violated Petitioner’s Sixth Amendment rights to the effective assistance of counsel in failing to object to the prosecution vouching for the prosecuting witness’s credibility through false evidence manufactured after the fact; and, D) Requiring Petitioner to register as a sex offender despite acquittal on those charges violates the Fifth Amendment’s Double Jeopardy Clause. ; IJ. Whether the lower courts violated Petitioner’s Fourteenth Amendment rights to Due Process ; in denying Petitioner’s requests for discovery, record expansion, and appointment of conflictfree counsel to develop claims. : ; Page 8 of 56