Adrian Aguilar v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

QUESTION No. 1 Whether the court of appeals should have issued a Certificate of Appealability on Petitioner’s Issue that the district court erred when it failed to consider and address whether the 1-year limitation period commenced under Title 28 U.S.C.,Section 2244(d)(1)(D) on the.date that Petitioner learned of the factual predicate for the claims on the date that he received the! affidavit of the witness and suppressed Video-Tape recorded statement that provided evidence of Petitioner's innocence? QUESTION No. 2 Whether the court of appeals should have issued a Certificate of Appealability on Petitioner's Issue that the district court erred when it fail to consider and address Petitioner's federal habeas petition on a complete and adequate record that was absent a Video-Tape recorded state thatnhad been suppresed by The State that should have been comparted to .or against the affidavit of a witness and trial counsel for truthfulness, credibility and reliability that was probative and material to the decision delivered by the district court? QUESTION No. 3 Whether the court of appeals should have issued a Certificate of Appealability on Petitioner's Issue that the district court erred when it accorded deference to the affidavit of trial counsel that had been rejected by the Texas Court of Criminal Appeals as credible and reliable when that court did not incorporate the convicting court's findings of fact & conclusions of law in the Action Taken by that court?