Where a Habeas petition claims that a prior offense wasn't a valid predicate because it wasn't limited to crimes involving a use of force, and subsequent to vacatur and remand, a certificate of appealability issues challenging the predicate on the ground that it includes reckless conduct, the fact that pro se prisoner Habeas petitions should be construed liberally allows the original petition to be decided on the latter grounds.
DISSENT:
The distinction between the act and the mental state isn't sophistry; the petition didn't originally intend to raise the recklessness challenge.