Jason Pierce v. Nathan Brooks, Warden
Securities
Did the United States Court of Appeals err in failing to issue a Certificate of Appealability from the denial of the Petition for writ of habeas corpus as concerns (a) the State Trial Court's granting of a 'Vacatur' motion multiple times that vacated a previous Order by a different judge allowing the Petitioner to withdraw his guilty pleas on remand from the Georgia Supreme Court while he was represented by Counsel thus divesting the Court of jurisdiction and necessarily creating a structural defect in the criminal proceeding per Trevino v. Thaler, 569 U.S. 416 (2013), where the only available mechanism for such a claim would have been a Petition for writ of habeas corpus; and (b) the appointed trial Counsel's complete failure to conduct any pre-trial investigation in a death penalty case where Counsel submitted a 'forfeiture motion' without Petitioner's knowledge, maintains in the motion that the trial court did not follow 'Faretta' protocol because the Petitioner had stated on the record that he was withdrawing his guilty pleas and did so 'pro-se' contrary to the facts and the record where the Petitioner was represented by Court-appointed Counsel
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