Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a charged offense, violates the due process and jury trial protections of the constitution;
2. Whether the Petitioner has made a substantial showing of the denial of a constitutional right within the meaning of Section 2353(c)(2) of Title 28 of the United States Code. That is, whether jurists of reason could disagree with the district court's resolution of Petitioner's constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.
Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a charged offense, violates the due process and jury trial protections of the constitution