Demetrius Frazier v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections
ERISA DueProcess HabeasCorpus Punishment
Whether the Eleventh Circuit should have issued a certificate of appealability because reasonable jurists could disagree over the district court's resolution of the following three issues:
1) Whether Alabama's capital sentencing scheme, which relegated the jury to an advisory role and empowered the judge to make the findings necessary to impose a death sentence, violated Mr. Frazier's rights under the Sixth and Fourteenth Amendments?
2) Whether Mr. Frazier's petition constituted a second or successive petition under 28 U.S.C. § 2244 where the legality of Mr. Frazier's detention under the rule announced by the United States Supreme Court in Hurst v. Florida, 136 S. Ct. 616 (2016), had not been determined by a judge or court of the United States on a prior application for a writ of habeas corpus?
3) If, under the facts of this case, Mr. Frazier's petition did constitute a second or successive petition, whether 28 U.S.C. § 2244 unconstitutionally suspends the writ of habeas corpus as applied to the circumstances of this case?
Whether the Eleventh Circuit should have issued a certificate of appealability