Fairly W. Earls v. Susan Novak, Warden
HabeasCorpus Privacy
Whether the United States Court of Appeals for the Seventh Circuit imposed an improper and unduly burdensome Certificate of Appealability standard
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