Maria Aide Delgado v. United States
HabeasCorpus JusticiabilityDoctri
Whether there is a sufficient likelihood that rational jurors would have credited the post conviction evidence and, as a result, would have voted to convict notwithstanding the petitioner's new supplemented evidence of innocence, pursuant to this Court's holdings in Schlup v. Delo, 513 US 298, 329-330 (1995); House v. Bell, 547 U.S. 518; Murray v. Carrier, 477 U.S. 478, 496 (1986); McQuiggin v. Perkins, 569 U.S. 383 (2013).
Whether the Fifth Circuit Court of Appeal deny a Certificate of Probable Cause ("C.O.A."), for review of Ineffective Assistance of Trial Counsel by placing too heavy a burden on the Petitioner at the C.O.A. stage conflicting with this Court's holding in Buck v. Davis, 580 U.S. __, 137 S Ct 759, 197 L Ed 2d 1 (2017).
Whether there is a sufficient likelihood that rational jurors would have credited the post-conviction evidence and, as a result, would have voted to convict notwithstanding the petitioner's new supplemented evidence of innocence, pursuant to this Court's holdings in Schlup v. Delo, 513 U.S. 298, 329-330 (1995); House v. Bell, 547 U.S. 518; Murray v. Carrier, 477 U.S. 478, 496 (1986); McQuigein v. Perkins, 569 U.S. 383 (2013)