Avern Lee Burnside v. Randee Rewerts, Warden
DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENIED MR. BURNSIDE'S REQUEST FOR A CERTIFICATE OF APPEALABILITY IN THIS HABEAS CORPUS CASE WHERE JURISTS OF REASON COULD CLEARLY DEBATE WHETHER MR. BURNSIDE'S DUE PROCESS RIGHTS WERE VIOLATED AND HE IS ENTITLED TO A NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE, WHERE THE PROSECUTOR KNOWINGLY USED PERJURED TESTIMONY FROM LEAH WATSON, WHOSE TESTIMONY WAS BASED ON THREATS AND INTIMIDATION; AND THAT JUDGE FARAH'S FACTUAL FINDINGS ARE NOT ENTITLED TO A PRESUMPTION OF CORRECTNESS?
Whether Mr. Burnside's due-process rights were violated and he is entitled to a new trial based on newly-discovered-evidence where the prosecutor knowingly used perjured-testimony