1) Did the United States Court of Appeals for the
Third Circuit abuse its discretion and commit an error
of law in not issuing a Certificate of Appealability and
in denying Mr. Gates' Habeas Corpus Petition pursuant to 28 U.S.C.A. 2255 on his criminal conviction,
since there was a substantial showing of the denial of
his Sixth Amendment right to effective assistance of
counsel and his Fifth Amendment right to due process,
and there were debatable issues and there was a substantial showing of the denial of his constitutional
rights pursuant to 28 U.S.C.A. 2253(©)Gi) as follows:
1) Failure of trial counsel to interview or
present any character witnesses and the reason was
the lawyer did not believe a crime had been committed
and the lawyer did not believe character witness' testimony had any value.
2) Failure to give an opening statement
without any good tactical or strategic reason not to and
then becomes confused when attempting to give the
opening right before the closing speech without any
valid reason to delay the opening.
3) Failure to interview, subpoena, or call any
factual witness and the failure to have any witness testify who could have refuted the government's case
without any good reason not to present such witnesses.
4) Failure to provide the government in advance of trial Mr. Gates' outside work authorization
which could have been used to refute testimony of the
government's witness and could have been presented
if provided to the government in advance.
Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appealability and in denying Mr. Gates' Habeas Corpus Petition pursuant to 28 U.S.C.A. 2255 on his criminal conviction, since there was a substantial showing of the denial of his Sixth Amendment right to effective assistance of counsel and his Fifth Amendment right to due process, and there were debatable issues and there was a substantial showing of the denial of his constitutional rights pursuant to 28 U.S.C.A. 2253(c)(2)