Dino Constance v. United States District Court for the Western District of Washington
DueProcess HabeasCorpus
I. Did the Ninth Circuit's unique five-part test for Mandamus relief cause a Fourteenth Amendment 'Equal Protection' violation? Are Equal Protection violations of this nature occurring regularly in the Sixth, Ninth, and/or Tenth Circuits?
II. Should the five-part tests endemic to these circuits be stricken or declared unconstitutional? Should this Court standardize the requirements to establish extraordinary circumstances for Mandamus relief across all Circuits?
III. Did conducting a § 2254 review without most of the post-conviction record, where this caused indisputable violations of Supreme Court holdings to remain uncorrected, perpetuated the unlawful suppression of a meritorious state court record, and triggered the erroneous withholding of a Certificate of Appealability, constitute extraordinary circumstances for the purpose of obtaining Mandamus relief?
Did the Ninth Circuit's unique five-part test for Mandamus relief cause a Fourteenth Amendment 'Equal Protection' violation?