Question #1:
In Hohn v. United States , 524 U.S. 236, 253 (1998), this Court held that it has
authority and jurisdiction to review denials of applications for Certificates of
Appealability.
(a) Does the standard announced in Slack v. McDaniel, 529 U.S. 473 (2000),
compel issuance of a certificate of appealability where prima facie evidence
demonstrating a Sixth Amendment violation under the standard announced in Brady v.
Maryland, 373 U.S. 83 (1963), "deservefs] encouragement to proceed further " through
an evidentiary hearing under the mandate of Townsend v. Sain, 372 U.S. 293 (1963)?;
(b) Being reasonable jurists will follow controlling law, does the standard
announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), compel issuance of a
certificate of appealability where the sentencing issue at bar has been held by the circuit
court to be unconstitutional?

Whether the standard announced in Slack v. McDaniel compels issuance of a certificate of appealability where prima facie evidence demonstrating a Sixth Amendment violation under Brady v. Maryland deserves encouragement to proceed further through an evidentiary hearing under Townsend v. Sain