James Bradley Hammond v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Whether the Court of Appeals should have issued a Certificate of Appealability (COA) when the 1-year limitation period commenced and the claim of actual innocence was not cognizable on federal habeas corpus review
No. 1 WHTHER THE COURT OF APPEALS SHOULD HAVE ISSUED AND/OR GRANTED A CERTIFICATE OF APPEALABILITY (C0)A) FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S CLAIMS WERE TIME-BARRED WHEN THE 1-YEAR LIMITATION PERIOD COMMENCED ON THE DATE PETITIONER RECEIVED THE AFFIDAVITS, RATHER THAN THE DATE THE AFFIDAVITS WERE SIGNED? QUESTION No. 2 WHETHER THE COURT OF APPEALS SHOULD HAVE GRANTED AND/OR ISSUED A CERTIFICATE OF APPEALABILITY (CQA) FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S CLAIM OF ACTUAL INNOCENCE WAS NOT COGNIZABLE ON FEDERAL HABEAS CORPUS REVIEW?