judicial-disagreement

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-5019 Noe Perez v. Renee Baker, Warden, et al. Ninth Circuit 2021-07-07 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-question fifth-circuit judicial-disagreement nevada-supreme-court ninth-circuit reasonable-jurists seventh-circuit Did the Ninth Circuit clearly err when it denied Mr. Perez's request for a COA even though three reasonable jurists on Nevada's highest court already …
20-5516 Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-27 Denied IFP appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar 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 e…
19-7886 Dennis Mahon v. United States Ninth Circuit 2020-03-05 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review custodial-interrogation district-court effective-assistance-of-counsel functional-equivalent-of-interrogation judicial-disagreement legal-standard magistrate-judge miranda-v-arizona right-to-silence substantial-showing The question presented, then, is whether the lower courts err in failing to find that a defendant made a substantial showing that jurists of reason co…
19-5608 Christopher Joe Cantu v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP acca-elements-clause certificate-of-appealability disagreement federal-prisoner judicial-disagreement post-conviction-claim postconviction-claim reasonable-judges statutory-interpretation texas-aggravated-robbery texas-burglary Where a federal prisoner demonstrates that judges have, in fact, disagreed about the legal issues governing his postconviction claim, is he entitled t…