Tyler v. Adams et al

Filing 26

ORDER signed by Senior Circuit Judge J. Clifford Wallace on 4/16/10 DENYING 24 Motion for Certificate of Appealability. (Owen, K)

Download PDF
1 2 3 4 5 6 7 8 9 10 1 1 B R E N T KENNETH TYLER, 12 vs . 13 D A R R A L G. ADAMS, 14 R e s p o nd e nt. 15 16 17 T yle r, a state prisoner, filed a petition for writ of habeas corpus pursuant to 18 2 8 U.S.C. 2254, challenging his sentence of 25 years to life, imposed pursuant to 19 his guilty plea on one count of penetration with a foreign object, with enhancements 20 a d mitte d for committing that crime during a burglary and for involving binding the 21 vic tim. On March 23, 2010, I ordered that the petition be denied. Tyler has now 22 re q ue s te d a Certificate of Appealability (COA) as to his claims (1) that his sentence 23 w a s disproportionate to his crime in violation of the Eighth Amendment to the 24 U nite d States Constitution; (2) that he did not knowingly and intelligently waive his 25 right to appeal the disproportionality of his sentence; and (3) alternatively, that if his 26 1 U N IT E D STATES DISTRICT COURT FO R THE EASTERN DISTRICT OF CALIFORNIA No. 2:07-cv-00367 JCW O R D ER P e titio ne r, 1 w a ive r was valid, he received ineffective assistance of counsel because his counsel 2 c o uld have had no rational, tactical reason for allowing Tyler to waive his right to 3 a p p e a l his sentence. 4 " A COA may issue `only if the applicant has made a substantial showing of 5 the denial of a constitutional right.'" Rhoades v. Henry, 598 F.3d 511, *5 (9th Cir. 6 2 0 1 0 ), citing 28 U.S.C. 2253(c)(2). A petitioner must establish that "reasonable 7 juris ts could debate whether . . . the petition should have been resolved in a different 8 ma nne r or that the issues presented were `adequate to deserve encouragement to 9 p ro c e e d further.'" Id., citing Slack v. McDaniel, 529 U.S. 473, 484 (2000). 10 Fo r the reasons stated in my order denying Tyler's petition for a writ of 1 1 ha b e a s corpus, Tyler has failed to establish that jurists of reason could debate 1 2 w he the r the petition should have been resolved in a different manner, or that the 1 3 is s ue s presented deserve encouragement to proceed further. 14 It is therefore ordered that I decline to issue a Certificate of Appealability. 1 5 Any further request for a Certificate of Appealability must be addressed to the Court 1 6 o f Appeals. See Fed. R. App. P. 22(b); Ninth Cir. R. 22-1. 17 1 8 D A T E D : April 16, 2010 19 20 21 22 23 24 25 26 2 /s/ J. Clifford Wallace J. Clifford Wallace United States Circuit Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?