|DONALD WEBB, aka Donald Jack
(D.C. No. 02-CV-287-S)
Webb will be entitled to a COA in this case only if he can make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). To make this showing, he must establish that "reasonable jurists could debate whether (or for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (quotation omitted). Webb has failed to make this showing.
Webb seeks a COA on a number of claims, alleging: 1) there was insufficient evidence that Webb had dominion and control over the illicit drugs and weapons underlying his convictions; 2) the affidavit supporting the search warrant permitting officers to search the house where the drugs and guns were found was inadequate and so the evidence discovered during that search should have been suppressed; 3) the trial court erred in refusing to enforce a discovery order, improperly permitting a state chemist to testify against him at trial; 4) the trial court deprived Webb of due process when it failed to bifurcate the trial on the charge of felonious possession of a firearm; 5) the State deprived Webb of substantive due process because it prohibited him from challenging the constitutionality of the prior convictions used to support his conviction for felonious possession of a firearm; 6) the State deprived Webb of due process by selectively prosecuting him; 7) the trial court violated the double jeopardy clause by imposing consecutive sentences for crimes arising from the same transaction; 8) Webb's direct-appeal counsel was ineffective; and 9) his trial attorney was ineffective for: a) failing to use "obvious" evidence of Webb's innocence; b) stipulating to Webb's prior convictions during jury voir dire; c) failing to request a "curative instruction" after the State introduced evidence of his prior convictions during trial; d) failing to present evidence that the residence searched and from which the illegal drugs and guns were seized was not Webb's residence; e) failing to present evidence that Webb did not have dominion and control over the drugs and guns he was charged with possessing; and f) failing to inform the trial court that imposing consecutive sentences was contrary to law. We deny Webb a COA on all of these claims for substantially the reasons stated in the magistrate judge's well-reasoned report and recommendation, adopted by the
ENTERED FOR THE COURT
David M. Ebel
*. We grant Webb's request to proceed on appeal in forma pauperis. See 28 U.S.C. § 1915.