No. 18-7656

Armando Garcia v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa certificate-of-appealability coa coa-standard due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process

Question Presented (OCR Extract)

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

Docket Entries

2019-02-25
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Waiver of right of respondent United States to respond filed.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2019)

Attorneys

Armando Garcia
Armando Garcia — Petitioner
Armando Garcia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent