No. 20-5516

Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-08-27
Status: Denied
Type: IFP
IFP
Tags: appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar
Latest Conference: 2020-10-30
Question Presented (from Petition)

Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim reasoning that I am procedurally barred when a debate exists between the federal judges on this issue (i.e. the district court found I am not barred while a circuit judge, sua sponte, denied the COA overturning the district court, and another circuit judge dissented agreeing with the district court that I am not barred)?

Did the Fifth Circuit err in denying a certificate of appealability on the claims addressing: double jeopardy, a non-unanimous verdict, due process violations, and ineffective assistance of counsel? Will the Supreme Court review the denial of the COA while considering how the Court can help clarify when an appellant has shown that a reasonable juror could disagree with the district court's decision?

Question Presented (AI Summary)

Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2020)

Attorneys

Joseph Peter Garbarini
Joseph Peter Garbarini — Petitioner