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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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). /// /// /// /// ///

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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

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