David Miller, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus JusticiabilityDoctri
1. Did the Eleventh Circuit depart from the accepted and usual course of judicial proceedings and deny Miller his due process rights under the Fifth and Fourteenth Amendments when it denied a certificate of appealability on alternative procedural grounds not considered by the district court when the district court prevented Miller from developing a factual record regarding the alternative grounds?
2. Did the Eleventh Circuit depart from the accepted and usual course of judicial proceedings and deny Miller his due process rights under the Fifth and Fourteenth Amendments when it did not address Miller's claim in his request for a certificate of appealability that the district court erred when it refused to conduct an evidentiary hearing on Miller's allegations that he suffered from severe mental illness during the period his 28 U.S.C. § 2254 petition was due to be filed and that that mental illness prevented him from effectively communicating with counsel and from timely filing his petition?
Whether the Eleventh Circuit denied the petitioner due process by denying a certificate of appealability on alternative procedural grounds not considered by the district court