Kurnicus Hayes v. Arnold Patrick
HabeasCorpus
Whether Mr. Hayes's 2254 petition satisfies the Slack v. McDaniel standard for Certificate of Appealability (COA) on a procedurally-denied petition, and whether 28 U.S.C. § 2244(d)(1)(D) determines the AEDPA one-year limitation period start date for state prisoners' habeas petitions
ESTIONS PRESENTED 1. Whether Mr. Hayes’ 2254 petition satisfies the 2 prong requirement established in Slack v. McDaniel for COA to issue on a petition that has been denied on procedural grounds? 2. Whether 28 U.S.C. § 2244(d)(1)(D) is the controlling authority to establish the start date of AEDPA’s one year limitation period for prisoner’s in state custody to file a habeas petition? ii PARTIES Kurnicus Hayes, is the petitioner; he was the defendant-appellant below. Arnold Patrick is the respondent; and was the plaintiff-appellee below. iii