Timothy Simms v. Jerry Spatny, Warden

I. Whether the Habeas Corpus provisions of the AEDPA, constitute a legislative usurpation of the Judicial prerogative to issue a Writ of Habeas Corpus, in violation of the Separation of Powers Doctrine? IL Whether the limitations period of the AEDPA, in its’ application, constitutes a suspension of the writ as prohibited by Article I, §9, CL 2 of the United States Constitution? IH. Whether, pursuant to 28 U.S.C. §2254(e)(2), where the failure to fully develop the factual record in the state court is not attributable to the Petitioner, but rather to failures of the state courts, a hearing is warranted on Federal Habeas review and whether the AEDPA restrictions usurp the authority of the Federal Judiciary? IV. Whether a Court of Appeals reviewing an application for a Certificate of Appealability under 28 U.S.C. §2244 which demonstrates that reasonable jurists might disagree with the district court may deny the issuance of the Certificate on the basis that the Court believes that the Applicant might not prevail on the merits? V. Whether a Magistrate Judge and a District Court judge who openly display a propensity of bias in favor of the State on Habeas Corpus Review must recuse himself upon proper Application therefor, and whether it is error to refuse to do so? VI. Whether a prisoner who presents substantive evidence of actual innocence and Constitutional infirmity in obtaining a wrongful conviction is entitled to the Issuance of a Writ of Habeas Corpus under Harris v Nelson? -i-