{"id":1785,"date":"2017-02-23T15:26:23","date_gmt":"2017-02-23T15:26:23","guid":{"rendered":"https:\/\/sentencing.net\/?p=1785"},"modified":"2019-11-12T11:33:17","modified_gmt":"2019-11-12T16:33:17","slug":"certificate-of-appealability-buck-v-davis","status":"publish","type":"post","link":"https:\/\/sentencing.net\/habeas-corpus\/certificate-of-appealability-buck-v-davis","title":{"rendered":"Certificate Of Appealability Standard Not The Same As Merits Determination, Supreme Court Holds"},"content":{"rendered":"\n
A certificate of appealability is required to appeal the denial of federal habeas relief. According to federal statute, a certificate of appealability may only be granted \u201cif the applicant has made a substantial showing of the denial of a constitutional right.\u201d 28 U.S.C. \u00a7 2253(c)(2). In some cases, prisoners can demonstrate probable success on the merits of ineffective assistance to claim before granting a certificate of appealability.The Supreme Court has made clear in prior cases that a certificate of appealability should issue if \u201cjurists of reason could disagree with the district court\u2019s resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.\u201d Miller-El v. Cockrell<\/em>, 537 U. S. 322, 327 (2003). \u201cFull consideration of the factual or legal bases adduced in support of the claims\u201d is prohibited. Id.<\/em> at 336.<\/p>\n Despite the lax standard for a certificate of appealability, federal courts have near uniformly required prisoners to show probable success on the merits of any claim before granting a certificate of appealability.<\/p>\n