Michael A. Hagar v. United States
QUESTION ONE
The Sixth Circuit Court of Appeals erred when it did not
issue a Certificate of Appealability as the Petitioner
met the requirement under 28 U.S.C. § 2253(c)(2), Miller-
El v Cockrell 537 US 322 (2003), Slack v McDaniel 529 US
473 (2000), and Bracy v Gramley 520 US 899 (1997).
QUESTION TWO
Does Kaufman v United States 394 US 217 (1969) and Barker
v Wingo 407 US 514 (1972) control the petitioner's Sixth
Amendment speedy trial claim under § 2255, when raised in
a pretrial motion, but not on direct appeal. If no, can
the Appeals Court consider sua sponte the speedy trial
claim procedurally defaulted, when the Government waived
the specific defense of procedural default for failure to
raise the claim on direct appeal.
QUESTION THREE
The Petitioner's Section 2255 remedy by motion and
proceedings rendered inadequate and ineffective when
denied the fair administration of justice, due to
judicial misconduct, which violated due process.
Whether the Sixth Circuit Court of Appeals erred in not issuing a Certificate of Appealability when the Petitioner met the requirements under 28 U.S.C. § 2253(c)(2), Miller-El v. Cockrell, Slack v. McDaniel, and Bracy v. Gramley