Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
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?
Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim