No. 20-5516

Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-08-27
Status: Denied
Type: IFP
IFP
Tags: appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar
Key Terms:
DueProcess
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim reasoning that I am procedurally barred when a debate exists between the federal judges on this issue (i.e. the district court found I am not barred while a circuit judge, sua sponte, denied the COA overturning the district court, and another circuit judge dissented agreeing with the district court that I am not barred)? Did the Fifth Circuit err in denying a certificate of appealability on the claims addressing: double jeopardy, a non-unanimous verdict, due process violations, and ineffective assistance of counsel? Will the Supreme Court review the denial of the COA while considering how the Court . can help clarify when an appellant has satisfactorily shown that a reasonable juror could disagree with the district court's decision? i

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2020)

Attorneys

Joseph Peter Garbarini
Joseph Peter Garbarini — Petitioner
Joseph Peter Garbarini — Petitioner