Michael Stapleton v. United States
DueProcess HabeasCorpus
1) Where the District Court denied Movant's 2255 petition on procedural grounds, did the Court of Appeals violate Movant's rights to Due Process and this Court's ruling in Slack v. McDaniel by failing to grant the request for COA from the denial of the Rule 60(b) Motion?
2) Where the District Court created a defect in the integrity of the 2255 petition when it failed to give a merits analysis or adjudicate the (4) substantive claims of ineffective assistance of counsel under Ground Two, did the Court of Appeals violate Movant's rights to Due Process and this Court's ruling in Gonzalez v. Crosby by failing to grant a COA on a timely filed Rule 60(b) Motion?
3) Where the Court of Appeals held in Clisby v. Jones, en banc that the District Court must resolve all claims of constitutional issues prior to granting or denying relief, did the Court of Appeals violate Movants rights to Due Process and the Stare Decisis Doctrine by granting countless other defendants request for COA on a Clisby error but decline to grant Movant's request for COA on the same issue?
4) Does it violate the Constitution for the District Court and the Court of Appeals to allow a conviction to stand on an indictment that Failed to State an Offense?
5) Is Movant entitled to a claim of ineffective assistance of counsel that filed failed pre-trial motions On the grounds that the indictment Failed to State an Offense, violated Congress Intent, had a Jurisdictional defect and violated the Double Jeopardy Clause based on a previous indictment?
6) Does it violate the Constitution for the District Court and the Court of Appeals to allow a conviction to stand that violated Congress Intent?
7) Does the District Court violate Movant's Sixth Amendment right to counsel by failing to grant Movant a claim of ineffective assistance of counsel who filed failed pre-trial motions then was subsequently discharged and appointed as standby counsel?
8) Where the Court of Appeals said that the two indictments in Movant's case Was the "same conduct" part of the same "common scheme or plan" with the "same modus operandi" and "common purpose" for enhancements purposes, are the two indictments also the same for Double Jeopardy purposes?
9) Does an indictment invoke the Court's jurisdiction if it charges Movant with a specific conduct under a criminal statute that Movant's conduct did not violate?
10) If the Court of Appeals, the Government and the District Court all agreed that the 2013 and 2014 indictment used in this case were the "same conduct" part of the same "common scheme or plan" with the "same modus operandi and common purpose, does Movant have a valid Double Jeopardy claim?
11) Is it a Miscarriage of Justice to allow a conviction to stand on a fatally defective indictment that failed to State an Offense, violated Congress Intent, had a Jurisdictional defect and violated the Double Jeopardy Clause?
12) Where Movant challenged a defect in the integrity of the 2255 proceedings in the filing of a timely Rule 60(b) motion and the District Court denies relief, did the District Court violate Movant's rights to Due Process by using claims in Grounds One to deny relief on the claims raised under Ground Two when the two claims are separate and distinct?
13) Is
Whether the Court of Appeals violated due process by denying a Certificate of Appealability (COA) for a Rule 60(b) motion challenging a 2255 petition's procedural defects