Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Question #1:
Did the fifth Circuit err by denying a COA for failure to properly consider the F.R.C.P.60(b)(6)under the framework in which successive petions are mandated to be reviewed/ but instead relied upon and erroneous application of 2253(c)?
Question #2:
Is it proper for the Fith Circuit to deny COA under the 2253 framework concerning the necessity of a "substantial showing of the denial of a constitutional right...", when the COA is being- sought for the expressed purpose of challenging a district court's dismissal of a Rule 60(b)(6) as a subsequent writ based its erroneous ruling that Petitioner was circumventing the AEDPA successive bar by trying to relitigate the 'time bar dismissal of his previous constitutional challenges?
Question #3:
Does the Fifth Circuit's denial of COA represent a direct conflict with the Court's jurisprudence in Gonzalez V Crosby;,when it is very clear that theeonly thing challenged in the 60(b) motion was a defect in the federal time bar proceedings, that if corrected, would allow equitable adjudication of the Sixth Amendment violations sed?rai!
Did the Fifth Circuit err in denying a COA for failure to properly consider the framework in which successive petitions are mandated to be reviewed