Carlos E. Rodriguez-Milian v. United States
HabeasCorpus
Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits?
QUESTIONS PRESENTED 1. A court of appeals lacks subject-matter jurisdiction to decide a § 2255 appeal's merits without granting a certificate of appealability. The First Circuit, effectively, circumvented the rule and usurped jurisdiction by ignoring the district court's procedural error---~that the movant defaulted an ineffective assistance claim by failing to raise it on appeal-and upholding an unexplained summary response that the § 2255 claims were meritless. Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits? 2. After the district court ruled on the § 2255 motion, the government : revealed its failure to timely disclose material information concerning the informants. Mr. Rodriguez-Milian submitted pro se motions that were inaccurately labeled; instead of recharacterizing the motions as motions to remand for purposes of amendment, the First Circuit denied the motions as labeled. Should the First Circuit have denied the pro se requests without liberally construing the motions in such a manner as to effectuate their purpose and avoid dismissal? -j[;