Damion Anthony Delapena v. Florida Department of Corrections
1. Does federal habeas petitioner make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2) where his trial attorney failed to assert valid grounds for the suppression of incriminating evidence, told the petitioner that exonerating evidence was "not particularly helpful," and misadvised the petitioner about his eligibility for a downward departure prior to the entry of his guilty plea?
Does federal habeas petitioner make a 'substantial showing of the denial of a constitutional right' under 28 U.S.C. § 2253(c)(2) where his trial attorney failed to assert valid grounds for the suppression of incriminating evidence, told the petitioner that exonerating evidence was 'not particularly helpful,' and misadvised the petitioner about his eligibility for a downward departure prior to the entry of his guilty plea?