Tenore v. Campbell

Filing 27

Certificate of Appealability. Signed by Judge Breyer on March 2, 2009. (crblc2, COURT STAFF) (Filed on 3/2/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL B. TENORE, Petitioner, v. ROSANNE CAMPBELL, Respondent. / No. C 06-03992 CRB CERTIFICATE OF APPEALABILITY Now before the Court is petitioner's request for issuance of a certificate of appealability ("COA"). A judge shall grant a COA "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). "Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy 2253(c) is straightforward: the petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Here, the Court GRANTS a certificate of appealability with respect to petitioner's claims based on (1) the confrontation clause, (2) the right to a jury trial, (3) ineffective assistance of counsel, and (4) due process of law. IT IS SO ORDERED. Dated: March 2, 2009 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2006\3992\Tenore Certificate of Appealability.wpd 2

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