Shomas T. Winston v. Gary A. Boughton, Warden
WHETHER A DISTRICT COURT SHOULD BE ABLE TO DENY A PETITIONER ACTUAL INNOCENCE AS A GATEWAY TO OTHERWISE BARRED CONSTITUTIONAL CLAIMS WITHOUT CONSIDERATION OF ENTIRE RECORD AS A WHOLE?
WHETHER A DISTRICT COURT SHOULD BE ABLE TO DENY A PETITIONER ACTUAL INNOCENCE AS A GATEWAY TO OTHERWISE BARRED CONSTITUTIONAL CLAIMS BY PLACING A STANDARD FOR PETITIONER TO MEET SCHLUP V. DELO DOES NOT REQUIRE?
WHETHER A PETITIONER SHOULD BE DENIED AN EVIDENTIARY HEARING TO QUESTION A JUROR WHO FAILED TO DISCLOSE INFORMATION BECAUSE STATE COURTS RULED PETITIONER RECEIVED A FAIR AND IMPARTIAL JURY DESPITE SAID JUROR NEVER BEING QUESTIONED?
WHETHER A PETITIONER IS DENIED RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL'S FAILURE TO INFORM TRIAL COURT A JUROR WHO KNEW PETITIONER PERSONALLY RESULTED IN SAID JUROR BEING REMAINING JUROR?
WHETHER A PETITIONER HAS A CONSTITUTIONAL RIGHT TO BE ISSUED A CERTIFICATE OF APPEALABILITY BY COURT OF APPEALS, IF THE DISTRICT COURT DENIED TO ISSUE C.O.A. FOLLOWING AN ERRONEOUS RESOLUTION OF WRIT OF HABEAS CORPUS?
Whether a petitioner should be allowed to assert a claim of actual innocence as a gateway to overcome procedurally defaulted constitutional claims without consideration of the entire record