Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al.
DueProcess HabeasCorpus
Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (COA) for review of ineffective assistance of trial counsel claims related to inadequate pretrial investigation and witness preparation?
QUESTION PRESENTED Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (‘COA”) consistent with the standards set by 28 U.S.C. § 2253(c)(2) and by this Court in Miller-El v. Cockrell, 587 U.S. 322, 327 (2003) and Slack v. McDaniel, 529 U.S. 473 (2000), to review the holding of the district court and the Nevada Supreme Court that trial counsel’s failure to adequately conduct pretrial investigation and witness preparation concerning Mr. Colon’s alibi witnesses, which led him to promise the jury a defense that he could not deliver, did not deprive him of due process and a fair trial due to ineffective assistance of trial counsel? i