Enrique Nunes Lopez v. Josie Gastelo, Warden
I. Given the Second and Fourteenth Amendment rights to possess a firearm in the home for self-defense, and where the evidence tended to favor a verdict of justifiable homicide in defense of occupants of the home against armed intruders, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability as to whether the State court unreasonably found that refusing defense of home instructions was not federal constitutional error, but only state law error?
II. Given the Second and Fourteenth Amendment rights to possess a gun in the home for self-defense, and where the evidence tended to favor a verdict of justifiable homicide in defense of self or others, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability as to whether the state court was unreasonable in holding that the concedely erroneous instructions which improperly removed the state 's burden to prove the element of lack of justification was not federal constitutional error, but was only state law error?
Whether the state court unreasonably found that refusing defense-of-home instructions was not federal constitutional error, but only state law error