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