Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al.
1. Whether the circuit court erred by denying a certificate of appealabilit
y for an ineffective assistance claim because the
omitted evidence was inadmi ssible hearsay, where the
statement would not have been offered for its truth?
2. Whether courts ca
n invoke the "c umulative ev idence" doctrine to
find no prejudice where the evid ence, although tending to prove
the same proposition as other it ems of evidence, nevertheless
creates a reasonable probability of a different result?
3. Whether, for the purposes of 28 U.S.C. § 2254(e)(2), a p
etitioner
culpably
fails to develop the record of his substantive and
procedural claims when he argu es that post conviction counsel
rendered ineffective assistance, pursuant to Martinez
v. Ryan ?
Additionally, this
case depends on the standard for determining
whether Martinez v. Ryan applies, which this Court may consider in
Warden, Ross Correctional Inst. v. White , No. 19-1023. This petition
should not dismissed before White is decided.
Whether the petitioner is entitled to proceed in forma pauperis