No. 19-936

Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-01-27
Status: Denied
Type: Paid
Tags: 28-usc-2253 appellate-procedure certificate-of-appealability civil-procedure evidentiary-hearing federal-habeas habeas-corpus slack-v-mcdaniel state-prisoner
Key Terms:
HabeasCorpus
Latest Conference: 2020-03-27
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-01-23
Petition for a writ of certiorari filed. (Response due February 26, 2020)

Attorneys

Terry Trentacosta
Terry Trentacosta — Petitioner
Terry Trentacosta — Petitioner