Victor Charles Rogers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
1. Is it right for a Circuit Court to deny a COA on a procedural default when filing actual innocence?
2. Is it right also to not look at the merits of a successive petition for COA when filing actual innocence?
3. Isn't the Courts supposed to look at the actions of the trial attorney when filing constructive denial of counsel?
4. When DNA testimony shows that petitioner is not the person a good showing of actual innocence?
5. Isn't that a violation of a petitioner's constitutional right when the trial lawyer goes to trial without getting ruling on pretrial motions?
6. Isn't it a violation of petitioner's constitutional rights when trial counsel allow the judge to go into recess while they were in deliberation?
Whether a court can deny a certificate of appealability (COA) when filing actual innocence claims and whether DNA evidence showing the petitioner is not the perpetrator constitutes a violation of constitutional rights