No. 23-5637

Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-09-22
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-standard certificate-of-appealability constitutional-challenge constitutional-rights fifth-circuit-review habeas-corpus rule-60(b) rule-60b successive-petition successive-petitions
Key Terms:
HabeasCorpus
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Did the Fifth Circuit err in denying a COA for failure to properly consider the framework in which successive petitions are mandated to be reviewed

Question Presented (from Petition)

QUESTION(S) PRESENTED Question #4: : Did the Fifth Gircuit err sby denying a COA for failure to properly consider the the framework in which succes-~ sive petions are mandated to be reviewed; but instead relied upon and erroneous application of 2253(c)? : Question #2: Is it proper for the Fith Circuit to deny COA under the 2253 framework concerning the necessity of a "substantial showing of the denial of a constitutional right...", when the COA is being sought for the expressed purpose of challenging a district court's dismissal of a Rule 60(b) (6) as a subsequent writ based its erroneous ruling that Petitioner was circumventing the AEDPA successive bar by trying to relitigate the.time bar dismissal of his previous constitutional challenges? Question #3: ; Does the Fifth Circuit's denial of COA represent a direct conflict with the Court's jurisprudence in Gonzalez V Crosbyiwhen it is very. ; elear that the:only thing challenged in the 60(b) motion was a defect in the federal time bar proceedings, that bf corrected, would allow equitable adjudication of the Sixth Amendment violations raised?

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Daniel Lee Reed
Daniel Reed — Petitioner
Daniel Reed — Petitioner