No. 18-6275

Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard
Latest Conference: 2018-11-16
Question Presented (from Petition)

I.
DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT DEPART FROM THE ACCEPTED AND USUAL COURSE OF
JUDICIAL PROCEEDINGS WHEN IT FAILED TO STATE THE REASONS
WHY A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE AS
REQUIRED BY FED.R.APP.P. 22(B)?

II
DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT ERR WHEN IT CONCLUDED THAT THE DISTRICT COURT'S
ASSESSMENT OF GROUND ONE WAS NOT DEBATABLE OR THAT THE
STATE COURT'S DECISION WAS NOT CONTRARY TO OR AN
UNREASONABLE APPLICATION OF THE CLEARLY ESTABLISHED
SUPREME COURT LAW ANNOUNCED IN STRICKLAND WHEN IT DENIED
MR. LUPIAN'S CLAIM THAT TRIAL COUNSEL WAS INEFFECTIVE FOR
FAILING TO LOCATE AND PRESENT MR. MATTA TO SUPPORT HIS SELF
DEFENSE THEORY. THE ELEVENTH CIRCUIT ERRED WHEN RULING ON
PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY 28
U.S.C. 2253 (c) (2)

III
DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT ERR WHEN IT CONCLUDED THAT THE DISTRICT COURT'S
ASSESSMENT OF GROUND TWO WAS NOT DEBATABLE OR THAT THE
STATE COURT'S DECISION WAS NOT CONTRARY TO OR AN
UNREASONABLE APPLICATION OF THE CLEARLY ESTABLISHED
SUPREME COURT LAW ANNOUNCED IN STRICKLAND WHEN IT DENIED
MR. LUPIAN'S CLAIM THAT TRIAL COUNSEL WAS INEFFECTIVE FOR
FAILING TO LOCATE AND PRESENT MR. APOLINAR SANCHEZ TO
SUPPORT HIS SELF DEFENSE THEORY. THE ELEVENTH CIRCUIT
ERRED WHEN RULING ON PETITIONER'S APPLICATION FOR
CERTIFICATE OF APPEALABILITY 28 U.S.C. 2253 (c) (2)

IV
DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT ERR WHEN IT CONCLUDED THAT THE DISTRICT COURT'S
ASSESSMENT OF GROUND THREE WAS NOT DEBATABLE OR THAT
THE STATE COURT'S DECISION WAS NOT CONTRARY TO OR AN
UNREASONABLE APPLICATION OF THE CLEARLY ESTABLISHED
SUPREME COURT LAW ANNOUNCED IN STRICKLAND WHEN IT DENIED
MR. LUPIAN'S CLAIM THAT TRIAL COUNSEL WAS INEFFECTIVE FOR
FAILING TO OBJECT WHEN THE PROSECUTOR INTERJECTED HIS
PERSONAL OPINION THAT MR. LUPIAN WAS A LIAR DURING CLOSING
ARGUMENTS . THE ELEVENTH CIRCUIT ERRED WHEN RULING ON
PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY 28
U.S.C. 2253 (c) (2)

Question Presented (AI Summary)

Did the United States Court of Appeals for the Eleventh Circuit depart from the accepted and usual course of judicial proceedings when it failed to state the reasons why a certificate of appealability should not issue as required by Fed.R.App.P. 22 (b)?

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
Waiver of right of respondents Julie Jones, et al. to respond filed.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Julie Jones, et al.
Wesley Heidt — Respondent
Ricardo Lupian-Barajas
Ricardo Lupian-Barajas — Petitioner