What is the test for appealability in a writ of habeas corpus case?
MultiRegion, United States of America
The following excerpt is from Pack v. Peery, No. 1:13-cv-00585-DAD-SKO HC (E.D. Cal. 2016):
A petitioner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, but may only appeal in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the appeal and cross-appeal from a grant of habeas corpus by the district court in a death penalty case? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Does a certificate of appealability required for us to exercise jurisdiction in an appeal arising out of a habeas corpus proceeding? (MultiRegion, United States of America)
What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
If a juvenile defendant in a criminal case does not object to a recommendation of a magistrate to deny his motion to suppress his confession, can he then appeal to the Court of Appeal? (MultiRegion, United States of America)
What is the case law that supports the use of the class action method for habeas corpus relief? (MultiRegion, United States of America)
