No. 19-7283

Fairly W. Earls v. Susan Novak, Warden

Lower Court: Seventh Circuit
Docketed: 2020-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Seventh Circuit imposed an improper and unduly burdensome Certificate of Appealability standard

Question Presented (OCR Extract)

QUESTION PRESENTED . Fairly Earls case raises. a pressing issue of National Importance: Whether and to what extent did the United States Court of Appeals for the Seventh Circuit impose an improper and unduly burdensome Certificate of ; Appealability standard. That decision contravenes this Court's precedent and deepens the Circuit splits when it denied Mr. Earls a Certificate of Appealability (COA) on his motion to reopen the judgment and obtain merits review of his claim of Newly Discovered Evidence presented in a Federal Rules of Civil , Procedure Rule 60(b) Motion that provides suffient evidence that his Sentence under a State Statute Violates the Double Jeopardy Clause of the United States Constitution Fifth Amendment. , : (Copy of a Case on point is attached as

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent Susan Novak to respond filed.
2020-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2020)

Attorneys

Fairly W. Earls
Fairly W. Earls — Petitioner
Fairly W. Earls — Petitioner
Susan Novak
Scott Edwin RosenowWisconsin Department of Justice, Respondent
Scott Edwin RosenowWisconsin Department of Justice, Respondent