Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no 'certificate of appealability' is needed for such appeal?
QUESTIONS PRESENTED Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no “certificate of appealability” is needed for such appeal? Did the United States District Court and/or United. ; States Court of Appeals below err by failing to grant Petitioner a “certificate of appealability” for his habeas corpus appeal, under 28 U.S.C. §2253(c) and the “modest showing” required by Slack v. McDaniel, 529 U.S. 473 (2000)? Did the United States District Court and/or United ; States Court of Appeals below err by failing to grant ; Petitioner’s request for an evidentiary hearing? ' ca