Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c) where one or more judges in the state-court habeas proceedings has determined the petitioner proved the denial of a constitutional right entitling her to post-conviction relief

A state prisoner can appeal from the denial of a federal petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 only if she first obtain s a certificate of appealability under 28 U.S.C. § 2253(c). Section 2253(c) (2), designed to screen out frivolous appeals, provides: “A certificate of appealability may issue … only if the applicant has made a substantial showing of the denial of a constitutional right.” Two courts of appeal s have determined that a state judge’s view that postconviction relief is warranted due to the denial of a constitutional right is ordinarily proof of “a substantial showing of the denial of a constitu-tional right .” The decision below, however, denies Petitioner a certificate of appealability even though a state appellate judge determined she had established a right to relief on the merits of her constitutional -of-counsel claim . The question presented is : Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c) where one or more judge s in the state -court habeas proceedings has determined the petitioner proved the denial of a constitutional right entitling her t o post -conviction relief .