Spring v Secretary, Louisiana Department of Corrections

Filing 15

RULING granting 14 Motion for Certificate of Appealability insofar as petitioner may seek to appeal the Court's conclusions concerning whether petitioner was afforded a full and fair hearing on his motion for a new trial and whether the issue was fairly presented to the Louisiana Supreme Court.. Signed by Chief Judge Brian A. Jackson on 5/4/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KYLE SPRING (#555065)
VERSUS

CIVIL ACTION

SECRETARY, LOUISIANA
DEPARTMENT OF CORRECTIONS, ET AL

NO. 11-308-BAJ-CN

RULING ON MOTION FOR CERTIFICATE OF APPEALABILITY
This matter is before the Court on a motion by petitioner for a certificate of
appealability (“COA”). “A COA should issue if the applicant has ‘made a substantial
showing of the denial of a constitutional right,’ 28 U.S.C. § 2253(c)(2), which [courts]
have interpreted to require that the ‘petitioner must demonstrate that reasonable
jurists would find the district court’s assessment of the constitutional claims
debatable or wrong.” Tennard v. Dretke, 542 U.S. 274, 282, 124 S.Ct. 2562, 2569,
159 L.Ed.2d 384 (U.S. 2004) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120
S.Ct. 1595, 146 L.Ed.2d 542).
The Court, having separately issued a final order in connection with the above
captioned case in which detention complained of arises out of process issued by a
State court, or the final order in a proceeding under § 2255, and having considered
the record in the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b),
Federal Rules of Appellate Procedure, and the motion by petitioner for a certificate
of appealability (doc. 14), concludes that a reasonable jurist could debate the district
court’s assessment of whether petitioner was afforded a fair hearing on his motion

for a new trial and whether that issue was “fairly presented” to the highest state
court.
Accordingly, the motion by petitioner, Kyle Spring, for a certificate of
appealability is GRANTED insofar as petitioner may seek to appeal the Court’s
conclusions concerning whether petitioner was afforded a full and fair hearing on his
motion for a new trial and whether the issue was fairly presented to the Louisiana
Supreme Court.
Baton Rouge, Louisiana, May 4, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA