Brown v. Horell et al

Filing 23

ORDER signed by Senior Judge Lawrence K. Karlton on 8/28/09 ORDERING that a certificate of appealability shall issue in the present action. (Engbretson, K.)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Petitioner, a state prisoner proceeding pro se, has filed a notice of appeal of this 17 court's May 19, 2009 order denying his application for writ of habeas corpus. Before petitioner 18 can appeal this decision, a certificate of appealability must issue. 28 U.S.C. 2253(c); Fed. R. 19 App. P. 22(b). 20 A certificate of appealability may issue under 28 U.S.C. 2253 "if the applicant 21 has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). 22 The certificate of appealability must "indicate which specific issue or issues satisfy" the 23 requirement. 28 U.S.C. 2253(c)(3). 24 A certificate of appealability should be granted for any issue that petitioner can 25 demonstrate is "`debatable among jurists of reason,'" could be resolved differently by a different 26 1 vs. R. HORELL, et. al., Respondents. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LADELL DEANGELO BROWN, Petitioner, No. CIV S-07-1994 LKK CHS P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 court, or is "`adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).1 Petitioner has made a substantial showing in his petition that (1) his coerced and involuntary confession was admitted into evidence at trial in violation of his constitutional rights; and (2) he was prevented from presenting a complete defense in violation of the Sixth Amendment when the trial judge excluded proffered expert testimony. Accordingly, IT IS HEREBY ORDERED that a certificate of appealability shall issue in the present action. DATED: August 28, 2009. Except for the requirement that appealable issues be specifically identified, the standard for issuance of a certificate of appealability is the same as the standard that applied to issuance of a certificate of probable cause. Jennings, at 1010. 2 1

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?