No. 18-6898

Joseph C. Garcia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
IFP
Tags: 18-u.s.c.-§-3599 18-usc-3599 certificate-of-appealability death-penalty federal-habeas-corpus habeas-corpus indigent-defendant ineffective-assistance-counsel ineffective-assistance-of-counsel rule-60(b)(6) rule-60b
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the United States Court of Appeals for the Fifth Circuit imposed an improper and unduly burdensome Certificate of Appealability (COA) standard when it reached the merits of Garcia's Rule 60(B)(6) motion in denying him a COA.

2. Whether the denial of meaningful representation required by 18 U.S.C. § 3599 may cause a defect in the integrity of federal habeas proceedings that can justify reopening of judgment under Rule 60(b)(6).

Question Presented (AI Summary)

Whether the denial of meaningful representation required by 18 U.S.C. § 3599 may cause a defect in the integrity of federal habeas proceedings that can justify reopening of judgment under Rule 60(b)(6)

Docket Entries

2018-12-04
Application (18A579) referred to the Court.
2018-12-04
Application (18A579) denied by the Court.
2018-12-04
Petition DENIED.
2018-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)
2018-12-04
Application (18A579) for a stay of execution of sentence of death, submitted to Justice Alito.
2018-12-04
Brief of respondent Lorie Davis in opposition filed.
2018-12-04
Reply of petitioner Joseph C. Garcia filed.

Attorneys

Joseph Garcia
Jennifer Yolanda GarciaOffice of the Federal Public Defender -- District of Arizona, Petitioner
Lorie Davis
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent