What is the test for an application to have Page 8 of a habeas petition considered in the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Hairston v. Horsts, Case No. 1:14-cv-01563-LJO-SKO-HC (E.D. Cal. 2014):
In determining this issue, a court conducts an overview of the claims in the habeas petition, generally assesses their merits, and determines whether the resolution was debatable among jurists of reason or wrong. Id. An applicant must show more than an absence of frivolity or the existence of mere good faith; however, the
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applicant need not show that the appeal will succeed. Miller-El v. Cockrell, 537 U.S. at 338.
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