Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealability
QUESTION(S) PRESENTED QUESTION #1). Did the Fifth Gircuit Gourt of Appeals err in denying Petitioner a Certificate of Appealibility where the record holds a clear showing that a constitutional error concerning the 6th Amendment of theaUnited States Constitution exists and was found so by the Trial Court on Habeas but decided in error that prejudice did not exist? Because this is a procedural bar fitime bar] situation, Petitioner was only required to show ab least that reasonable jurists could debate whether the petition contains a valid constitutional vidlation and whether the same reasonable jurist could debate the correctness of the District Court's procedural ruling. The only issue left to decided for-a jurist of reason concerning the valid constitutional violation, because the trial court found the trial attorney ineffective already, is the question as to prejudice.: QUESTION #2). Is it fundamentally fair to fail to extend the time to file a FRAP 35 and 40 Rehearing and Rehearing En Banc Motion when he only received the Fifth Circuits denial Order on the date of the expiration of the time to file said motions? li