Issues: (1) For claims of ineffective
assistance of trial counsel, what standard is to be used by federal
courts of appeals for determining whether the
underlying constitutional claim is “substantial”
under Martinez v. Ryan, and how does it relate to the
determination that a petitioner has met the
requirements to obtain a Certificate of
Appealability, under 28 U.S.C. § 2253(c) and as described by the Supreme Court in Miller-El v.
Cockrell; and (2) whether, under the Martinez standard, it is proper for
courts of appeals determining the substantial quality
of the underlying constitutional claim to rely on an
imbalanced consideration of the record, including
ignoring evidence in the record in support of a
petitioner’s underlying constitutional claim—as
happened in Freddie Owens’s case.
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