No. 23-7558
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights district-court-ruling judicial-review merits-denial merits-determination procedural-denial reasonable-jurists
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2024-09-30
Question Presented (AI Summary)
whether-court-of-appeals-denial-of-certificate-of-appealability
Question Presented (OCR Extract)
QUESTION(S) PRESENTED Whether, under this Court's holdings, in Miller-El v. Cockrell, 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate for a Court of Appeals to merely deny an application for Certificate of Appealability, without stating whether the denial is procedural, or on the merits, thereby preventing meaningful review. Especially when the . applicant made a substantial showing of the denial of a Constitutional right, by showing as to each issue that reasonable jurists would find the District Court's ruling debatable or wrong.
Docket Entries
2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-13
Waiver of right of respondent United States to respond filed.
2024-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2024)
Attorneys
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent