What is the test for issuing a certificate of appeal against a motion denying a fundamental right?

MultiRegion, United States of America

The following excerpt is from United Am. v. Hollis, No. 1:08-cr-00276-DAD-1 (E.D. Cal. 2017):

28 U.S.C. 2253(c)(3). "Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy 2253(c) is straightforward: [t]he petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000).1 For claims denied on procedural grounds, meanwhile, a certificate of appealability should issue "when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Id.

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