Byron McCollum v. United States
DueProcess HabeasCorpus
Whether the Eleventh Circuit's denial of a Certificate of Appealability, stating only that the Petitioner "has failed to make a substantial showing of the denial of constitutional right," can, under the facts and circumstances of this case, be construed as unauthorized merits determination of the claim of ineffective assistance of counsel presented?
2. Whether the Eleventh Circuit's decision denying a Certificate of Appealability, a decision amounting to an unauthorized merits determination, thereby deciding the appeal without jurisdiction, should be, and is, null and void?
3. Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration for a Certificate of Appealability in light of and in line with this Court's interpretation of 28 U.S.C. § 2253(c) in Slack v. McDaniel, 529 U.S. 473 (2000), Miller-El v. Cockrell, 537 U.S. 322 (2005), and Buck v. Davis, 197 L. Ed. 2d 1 (2017)?
Whether the Eleventh Circuit's denial of a Certificate of Appealability can be construed as an unauthorized merits determination