Jason Isaiah Robinson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and imposed an unduly burdensome standard in denying a Certificate of Appealability (COA) to Petitioner Jason Robinson under 28 U.S.C. § 2253(c), because it is debatable among jurists of reason whether this Court’s jurisdictional holding in Montgomery v. Louisiana, 136 S.Ct. 718 (2016), that retroactive application of new, substantive rules is constitutionally required: (a) rendered the one-year statute of limitations of the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), inapplicable to Robinson’s claims under Miller v. Alabama, 567 U.S. 460 (2012); or (b) required the federal district court to determine under the Suspension Clause, U.S. Const. Art. I, § 9, cl. 2, whether the collateral proceedings afforded to Robinson in State court provided an adequate substitute for federal habeas corpus proceedings prior to dismissing his petition under 28 U.S.C. § 2244(d)(1).