Opinion
Criminal Action No. 98-165-C-2.
December 13, 2004
CERTIFICATE OF APPEALABILITY
A Notice of Appeal having been filed in the above captioned case in which detention complained of arises out of process issued by a State court, or the final order in a proceeding under § 2255, the court having considered the record in the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b), Federal Rules of Appellate Procedure, hereby finds that:
X a substantial showing of the denial of a constitutional right on the issues stated below has been made, petitioner's motion for certificate of appealability is GRANTED.
ISSUES:
1. Whether the petitioner's due process rights were violated by the government's failure to disclose a promise to cooperating witness Robert Guidry that he would not be liable in money damages to the State of Louisiana.
2. Whether the petitioner's due process rights were violated by the government's failure to correct Robert Guidry's trial testimony that he faced financial exposure from the lawsuits pending against him and from the denial of an evidentiary hearing on this issue.
3. Whether the petitioner's due process rights were violated by the government's failure to disclose exculpatory, impeachment material relating to cooperating witness John Brotherton and from the denial of an evidentiary hearing on this issue.
4. Whether the petitioner should be permitted to raise a constitutional claim pursuant to Blakely v. Washington, 124 S.Ct. 2531 (2004).