Phillip Joshua Yellin v. United States
DueProcess FifthAmendment HabeasCorpus
Did the Ninth Circuit ignore the Supreme Court's established process for issuing a Certificate of Appealability by refusing to issue a COA based on Yellin's actual innocence evidence?
by Mr. Yellin is: 1. Did the Ninth Circuit ignore the process, reemphasized by this Court in Buck v. Davis3 and Miller-El, when it refused to issue a COA compelled by Yellin’s highly specific, corroborated actual innocence evidence, thereby arbitrarily demanding of him a more onerous showing than that long ago established by this Court in Schlup?4 In Blackledge v. Allison , 431 U.S. 63, 82 n.25 (1977), this Court warned lower courts that in habeas petitions 1. Miller-El v. Cockrell , 537 U. S. 322, 336 (2003). 2. Certificate of Appealability. 3 Buck v. Davis, 580 U.S. 100, 115 (2017). 4. Schlup v. Delo, 513 U.S. 298 (1995). ii – “[w]hen the issue is one of credibility, resolution on the basis of affidavits can rarely be conclusive.” Therefore, the second question presented by Yellin is: 2. Given that this Court in Blackledge specifically warned lower courts against making a credibility “resolution on the basis of affidavits”did the Ninth Circuit sanction a violation of Blackledge by approving a district court’s improper credibility determinations on Yellin’s uncontradicted habeas declarations alone?