Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess
Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim
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