Geary Gilmore v. Shirlee Harry, Warden
DueProcess FifthAmendment HabeasCorpus Punishment
I. Whether The United States Court Of Appeals For The Sixth Circuit Violated The Procedure Prescribed By 28 U.S.C. § 2253(c)(2) And Imposed An Improper Burden On Gilmore At The Certificate Of Appealability Stage Contrary To This Court's Precedents When It First Decided The Merits Of His Appeal, Then Justified its Denial Of Certificate Of Appealability Based On its Adjudication Of The Actual Merits?
II. Whether The United States District Court And The United States Court Of Appeals For The Sixth Circuit Violated Article VI, Clause 2 Of The United States Constitution When They Decided Gilmore's Fifth Amendment Claim Based Solely On State Law Grounds And Completely Ignored The Firmly Established Precedents Of This Court?
III. Whether The State Court Decision Rejecting Gilmore's Ineffective Assistance Of Appellate Counsel Claim Was Based On An Unreasonable Determination Of The Facts Under 28 U.S.C. § 2254(d)(2), When The Successor Trial Judge, Without Reading The Record Or Giving Notice To The State Or Defense Counsel, Sua Sponte Acquired The Prosecutor's Brief In Opposition To A Prior Motion And Adopted Verbatim The Arguments Therein As The Court's Decision?
Whether the United States Court of Appeals for the Sixth Circuit violated the procedure prescribed by 28 U.S.C. § 2253(c)(2) and imposed an improper burden on Gilmore at the certificate of appealability stage contrary to this Court's precedents