Hong Thu Nguyen v. Chris McBee, Warden, et al.

Hong Thu Nguyen was charged with arson at two of her places of business. Over objection, the state presented financial evidence that after other business fires, she had received insurance proceeds. She was convicted. At sentencing, trial counsel failed to present available evidence of the spousal abuse and childhood trauma and deprivation which Ms. Nguyen had suffered. After affirmance on appeal, and denial of post-conviction relief, she filed a petition for federal habeas corpus. Relief and a certificate of appealability were denied. The case thus presents the following questions.

1. Whether a certificate of appealability should be issued to review the decision of the U.S. District Court that the Missouri Court of Appeals reasonably applied the Due Process Clause as recently construed in Andrew v. White, 145 S.Ct. 75 (2025), when it affirmed the overruling of Ms. Nguyen’s objection to financial evidence showing that she had profited from previous insurance claims made after fires in her establishments.

2. Whether a certificate of appealability should be issued to review the decision of the U.S. District Court that “significant” evidence of spousal abuse and childhood trauma and deprivation was presented at Ms. Nguyen’s sentencing and that she was therefore not prejudiced by trial counsel’s ineffective assistance.