Harold Persaud v. United States
DueProcess HabeasCorpus
1. Whether Reasonable Jurists Could Debate the
Denial of Petitioner's Motion to Vacate and Set
Aside his Judgment of Conviction where the District
Court's Review of Such Petition Did Not Address
the Merits of Petitioner's Ineffective Assistance of
Counsel Claims and Mistakenly Referenced the
Arguments of a Different 2255 Petitioner in its
Memorandum Opinion.
2. Whether a Certificate of Appealability Should Issue
on Petitioner's Ineffective Assistance of Counsel
Claim Where Defense Counsel Failed to Object or
Otherwise Challenge the Admission of Improper
Expert Testimony and Lay Opinion Testimony in
violation Criminal Rule 16 and Evidence Rules 701,
702, 703, and 704, and Where the District Court
Failed in its "Gatekeeper" Obligations Under
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509
U.S. 579 (1993) and Evidence Rule 702.
Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction