Adrian Alaniz v. Scott Frauenheim, Warden
I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial?
II. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, where the state court unreasonably denied his claim that the prosecutor 's multiple arguments commenting on Petitioner 's silent failure to present any testimony from himself or others stating that Petitioner stated that he believed he was acting in defense of self or others, violated his federal constitutional rights per Doyle v. Ohio, 426 U.S. 610 (1976), Griffin v. California, 380 U.S. 609 (1965) and Napue v. Illinois, 360 U.S. 264, 269 (1959)?
III. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, where the state court unreasonably denied his claim that Petitioner 's Second Amendment right to carry a firearm for self-defense were violated by the prosecutor 's repeated arguments that Petitioner 's decision made earlier in the day to carry a firearm for protection proved that he had premeditated the killing?
Whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial