No. 21-5139

In Re Donald M. Boswell

Lower Court: N/A
Docketed: 2021-07-20
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions
Latest Conference: 2021-09-27
Question Presented (from Petition)

Was the denial of Petitioner's request for a Certificate of
Appealibility (COA) to file a second or successive feredal habeas
corpus for new claims for constitutional substantive vioalitions of
his Fifth, Sixth and Fourteenth Amendment rights proper, OR did the
Federal Disrtic Court and the Fifth Circuit Court of Appeals fail
to give their full consideration to the substantual evidence which
the Accused has put forth in support of his prima facie case of a
denial of his constutitional right to be competently represented by
a qualified attorney at every stage of hsi court proceedings, and
thereby the Courts sidestepped the appropriate process by first
deciding the merits of his appeal as follows:
"Boswell fails to make the requisite prima facie
showing. See §2244 (b)(3)(C)."
when the decision of the lower court made erroneously without first
granting him a COA authorizing the Court of Appeals to review and,
therefore, essentually deciding his appeal with out jurisdiction
as was the issues presented in the Miller-El v Cockrell , 573 US 322that
(2003) case?

Question Presented (AI Summary)

Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive federal habeas corpus for new claims for constitutional substantive violations of his Fifth, Sixth and Fourteenth Amendment rights proper

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-13
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Donald M. Boswell
Donald M. Boswell — Petitioner