Cree v. Sisto et al

Filing 37

ORDER signed by Chief Circuit Judge Alex Kozinski on 1/6/11 ORDERING that Cree's federal habeas petition is DISMISSED in part and DENIED in part. No reasonable jurist would conclude that my rulings on Cree's ineffective assistance and jury instruction claims are debatable or wrong. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Nor could reasonable jurists find that Cree stated a valid constitutional claim under Bruton, even if they might debate my procedural ruling. See id.; see also supra at 5. Cree therefore isn't entitled to a certificate of appealability. See 28 U.S.C. § 2253 (c). CASE CLOSED (Becknal, R)

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