Nicholas Wukoson v. United States
Question 1
Whether it is acceptable for the U.S. Circuit Court of
Appeals in the 11th Circuit to depart from its accepted and usual
course of judicial proceedings of both granting a Certificate of
Appealability for and then remanding all unaddressed claims back
This precedent rule was to the district court to address,
established in Clisby v. Jones, 960 F.2d 925, 936 (11th Cir. 1992)
and accepted countless times since, even by the same judge, but
not in this case.
Question 2
Whether it is acceptable for the U.S. Circuit Court of
Appeals in the 11th Circuit to refuse to review unpreserved claims
of factual error under the plain error test, as per Federal Rule
of Civil Procedure 52(b) and this court's ruling in Davis v. U.S.,
140 S.Ct. 1060, 1061 (2020). See also U.S. v. Zinn , 321 F.3d
1084, 1087 (11th Cir. 2003).
Whether the U.S. Circuit Court of Appeals in the 11th Circuit departed from its accepted and usual course of judicial proceedings