Brian Jury v. David W. Gray, Warden
1) Would reasonable jurors find the district court's assessment of this petitioner's constitutional claims to be debatable or wrong, or whether his habeas corpus petition claims should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further; to include, whether the district court was correct in its procedural rulings?
2) Was the Sixth Circuit Court of Appeals' denial of this petitioner's Certificate of Appealability (CoA) proper:
A) Did the circuit appellate court violate Buck v. Davis, 137 S.Ct. 759 (2017), when it inverted the statutory order of operations by first deciding the merits of this petitioner's appeal, then justify its denial of the CoA based on its adjudication of the actual merits; and,
B) Was the Sixth Circuit Court of Appeals permitted to circumvent the district court's assessment of this petitioner's constitutional claims to justify its denial of this (or any) petitioner's CoA?
3) Petitioner's arrest and trial proceedings were premised on a warrant (later to be found nonexistent) that since poses two separate Fourth Amendment and/or Fourteenth Amendment claims:
A) Can a McLaughlin violation be insulated/invalidated if a reviewing court determines probable cause (Is a McLaughlin violation independent of a reviewing court's determination of probable cause); and,
B) Whether probable cause existed (at the moment of/prior to the arrest) to justify the arrest?
Whether the district court's assessment of the petitioner's constitutional claims was debatable or wrong, and whether the habeas corpus petition claims should have been resolved differently