Jose Padilla-Galarza v. United States
DueProcess FifthAmendment HabeasCorpus
Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel and involves substantial constitutional violations
1. Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel , 529 U.S. 473 (2000), where petitioner made a substantial showing of constitutional violations involving ineffective assistance of appellate counsel, prosecutorial misconduct, and denial of an evidentiary hearing. 2. Whether appellate counsel’s misstatement of material facts, failure to challenge government perjury and Brady violations, and omission of meritorious claims constitutes constitutionally ineffective assistance under Strickland v. Washington , 466 U.S. 668 (1984). 3. Whether the government's knowing use of false testimony and late disclosure of impeachment evidence violated Napue v. Illinois , 360 U.S. 264 (1959), and Brady v. Maryland , 373 U.S. 83 (1963), denying the petitioner a fair trial. 4. Whether the district court’s failure to conduct an evidentiary hearing despite substantial factual disputes and documented inconsistencies in evidence handling contravenes Townsend v. Sain , 372 U.S. 293 (1963) and violates petitioner’s due process rights.