Tedroy Davis v. Jeffrey A. Beard, Warden
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA) articulated by this Court in cases such as Buck v. Davis, 1387 8. Ct. 759 (2017), Miller-El v. Cockrell, 537 U.S. 322 (2003), and Slack v. McDaniel, 529 U.S. 473 (2000), in denying Petitioner's request for a COA when the prosecutor continually referenced Petitioner's post-Miranda silence constituting Doyle v. Ohio, 426 U.S. 610 (1976) error, the trial court failed to correct the error, and defense counsel acted ineffectively for failing to object, where Petitioner made a substantial showing that he was denied his constitutional rights?
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA)