What is the test for obtaining a certificate of appealability to appeal a district court's denial of a habeas petition?

MultiRegion, United States of America

The following excerpt is from Hernandez v. United States, Civil No.: 3:16-cv-02962-GPC, Criminal No.: 3:12-cr-00236-GPC-34 (S.D. Cal. 2017):

Under AEDPA, a prisoner seeking to appeal a district court's denial of a habeas petition must obtain a certificate of appealability. 28 U.S.C. 2253(c)(1)(A). The district court may issue a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). To satisfy this standard, a petitioner must show 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).

Other Questions


What is the test for an appeal from a district court's denial of a motion by a defendant seeking to obtain a certificate of appeal? (MultiRegion, United States of America)
What is the legal test for appealing a District Court's denial of a Petitioner's application to obtain a Certificate of Appealability? (MultiRegion, United States of America)
What is the test for appealing a District Court's denial of a Petitioner's Application for a Certificate of Appeal? (MultiRegion, United States of America)
Does a writ of habeas corpus have an absolute entitlement to appeal a district court's denial of the petition? (MultiRegion, United States of America)
What is the test for obtaining a certificate of appeal against a denial of a habeas petition under AEDPA? (MultiRegion, United States of America)
What is the legal test for appealing a District Court's denial of a Petitioner's Certificate of Appeal? (MultiRegion, United States of America)
What jurisdiction has been granted to an appeal by a federal district court against the denial of a petition for habeas corpus? (MultiRegion, United States of America)
How have courts reviewed a district court's denial of a petition for habeas corpus? (MultiRegion, United States of America)
Does a district court have jurisdiction to order that a petitioner be released from custody even after an appeal of the grant or denial of habeas relief has been appealed? (MultiRegion, United States of America)
Is a federal prisoner required to obtain a certificate of appealability to appeal the denial of a petition pursuant to Section 2241 of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.