I. A CERTIFICATE OF APPEALABILITY (COA)
SHOULD BE ISSUED WHERE THE DISTRICT
COURT DECIDED THAT TRIAL COUNSEL'S
FAILURE TO REQUEST A JURY
INSTRUCTION THAT DEFINED THE PORCH,
CONSISTENT WITH MICHIGAN LAW, AS
PART OF THE HOME FROM WHICH MR.
INGRAM HAD NO DUTY TO RETREAT, DID
NOT DEPRIVE PETITIONER OF EFFECTIVE
ASSISTANCE OF COUNSEL, OR DUE
PROCESS; REASONABLE JURISTS WOULD
FIND THIS HOLDING TO BE DEBATABLE,
OR WOULD FIND THAT THIS ISSUE
DESERVES ENCOURAGEMENT TO
PROCEED FURTHER.

II. A COA SHOULD BE ISSUED WHERE THE
DISTRICT COURT DECIDED THAT TRIAL
COUNSEL'S FAILURE TO OBJECT TO A JURY
INSTRUCTION THAT IT WAS FOR THE JURY
TO DECIDE WHETHER MR. INGRAM HAD A
DUTY TO RETREAT; AND FAILURE TO
REQUEST A JURY INSTRUCTION THAT, IN
LIGHT OF THE UNDISPUTED EVIDENCE IN
THIS CASE, MR. INGRAM HAD NO DUTY TO
RETREAT; DID NOT DEPRIVE PETITIONER
OF EFFECTIVE ASSISTANCE OF COUNSEL,
OR DUE PROCESS. REASONABLE JURISTS
WOULD FIND THESE HOLDINGS TO BE
DEBATABLE, OR WOULD FIND THAT THESE
ISSUES DESERVE ENCOURAGEMENT TO
PROCEED FURTHER.

III. A COA SHOULD BE GRANTED WHERE THE
DISTRICT COURT DECIDED THAT TRIAL
COUNSEL'S FAILURE TO REQUEST A JURY
INSTRUCTION WHICH, FOR PURPOSES OF
EXPLAINING THE DUTY TO RETREAT,
DEFINED THE OFFENSE OF HOME
INVASION AS AN OFFENSE THAT
INCLUDED THE ELEMENT OF "ENTERING,"
WHICH COULD BE ESTABLISHED BY THE
ENTRY OF ANY PART OF A PERSON'S BODY
INTO THE DWELLING, DID NOT DEPRIVE
PETITIONER OF EFFECTIVE ASSISTANCE
OF COUNSEL, OR DUE PROCESS OF LAW;
REASONABLE JURISTS WOULD FIND THIS
RULING TO BE DEBATABLE, OR WOULD
FIND THAT THIS ISSUE DESERVES
ENCOURAGEMENT TO PROCEED
FURTHER.

IV. A COA SHOULD BE GRANTED WHERE THE
DISTRICT COURT DECIDED THAT
PETITIONER FAILED TO MEET THE
REQUIREMENTS FOR THE ISSUANCE OF
THE WRIT, BY FAILING TO DEMONSTRATE
THAT BOTH HIS TRIAL ATTORNEY AND HIS
FIRST APPELLATE ATTORNEY WERE
INEFFECTIVE, AND AS A RESULT, HE
FAILED TO SHOW HE SUFFERED ACTUAL
PREJUDICE; REASONABLE JURISTS
WOULD FIND THIS RULING TO BE
DEBATABLE, OR WOULD FIND THE ISSUE
RAISED HEREIN TO DESERVE
ENCOURAGEMENT TO PROCEED
FURTHER.

whether-a-certificate-of-appealability-should-be-issued