Overille Denton Thompson, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether the Fifth Circuit failed to engage in the COA process
QUESTIONS PRESENTED 1. Whether the Fifth Circuit utterly failed or abandoned its duty to engage : in the COA process with respect to four -remaining COA issues: Issues One, Two, Four and Five, by erroneously suggesting that such were but mere arguments and claims raised in the §2254 application which therefore, need not be addressed because they stray from the procedural questions. 2. Whether the Fifth Circuit sidestepped the COA process, as well as the federal adversary appeal process, by treating the motion for COA like an appellant's brief to affirm the denial of the Rule 11 motion for ‘sanctions; and, in so doing, did the Fifth Circuit err in sanctioning the district court's impairment of the federal litigation and appeal processes through the Fifth Circuit's utter departure from its own well-settled legal precedent. 3. Whether the Fifth Circuit sidestepped the COA process, by treating the motion for COA like an appellant's brief, to hold in conclusion that the appeal regarding the denial of the motion for continuance had been ; "abandoned,'' and, in order to adjudicate the merits of the appeal _ challenging the denial of the Rule 11 motion for sanctions at the COA stage. PETITION FOR WRIT OF CERTIORARI PAGE ii OF ix