What is the test for issuing a certificate of appealability against a motion of habeas?
MultiRegion, United States of America
The following excerpt is from Audelo v. Kernan, Case No.: 3:14-cv-00567-H-PCL (S.D. Cal. 2018):
A certificate of appealability may be issued only if the defendant "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). When a district court denies a habeas petition on the merits, a petitioner satisfies the above requirement by demonstrating "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).
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