Joshua Eric Hawk Clark v. Burl Cain, Commissioner, Mississippi Department of Corrections
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Did the Court of Appeals erroneously deny Petitioner Joshua Clark a Certificate of Appealability on his Fourteenth Amendment claims even though Petitioner established that: (a) in all civil cases, a trial judge is required to act as a gatekeeper to determine the reliability of scientific evidence before that evidence can be received; (b) in Joshua Clark's criminal case, the trial judge refused to determine reliability of scientific evidence; and (c) the evidence in Joshua Clark's criminal case was uncontradicted that Shaken Baby Syndrome is not a scientifically reliable diagnosis?
Did the Court of Appeals erroneously deny Petitioner Joshua Clark a Certificate of Appealability on his Fourteenth Amendment claims regarding scientific evidence reliability in a criminal case?