Armando Garcia v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process
QUESTION(S) PRESENTED FOR REVIEW : I. Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process when the Court: A. Overlooks: and fails to address one of the petitioner's habeas corpus claims of ineffective assistance of counsel; B. Applies the incorrect standard of review to the habeas corpus claims of ineffective assistance of. counsel; and C. Declines to hold an evidentiary hearing during habeas corpus ; proceedings where documentary evidence and affidavits of facts not in record contravene issues of fact in the case. II. Whether the District Court abused its discretion when it construed petitioner's Rule 60(b)(6) motion as a second or successive habeas petition under AEDPA. TII. Whether the Court of Appeals for the Eleventh Circuit misapplied the COA standard as clarified by Supreme Court in Buck v. Davis, 137 S. Ct. 759 (2017), when it generally held petitioner did make the requisite showing for a COA, without first deciding the jurisdictional aspects of the Rule 60(b) motion. ; : -i ' > INTERESTED PARTIES Thee are no