Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?

Is the Eleventh Circuit correct when it sets up two classes of litigants on issues of certificates of appealability: first, those who take no active role in litigating the Eleventh Circuit’s review of a denial of a COA and second, those who chose to actively highlight one or more specific areas that warrant special attention? The Eleventh Circuit treats the second group as having waived any argument they do not specifically raise even where it is clear the focus on one or more issues does not constitute a waiver by the litigant.