Pagan v. Vidal

Filing 24

Judge Rya W. Zobel: ORDER entered. A certificate of appealability is issued with regard to the public trial violation and the ineffective assistance of counsel claim as it relates thereto.(Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 15-14234-RWZ

JUAN PAGAN
v.
OSVALDO VIDAL

ORDER
April 14, 2017

ZOBEL, S.D.J.
The judgment issued on April 3, 2017, is amended to add the following:
A certificate of appealability is issued with regard to the public trial violation and
the ineffective assistance of counsel claim as it relates thereto. “A certificate of
appealability may issue . . . only if the applicant has made a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “To make a 'substantial
showing, ‘a petitioner must demonstrate that 'reasonable jurists could debate whether
. . . the petition should have been resolved in a different manner or that the issues
presented were adequate to deserve encouragement to proceed further.’” Forte v.
Medeiros, No. 14-cv-40173-TSH, 2017 WL 937713, at *8 (D. Mass. Mar. 9, 2017)
(alteration in original) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)). Here, the
question “whether a defendant asserting ineffective assistance that results in a
structural error must, in addition to demonstrating deficient performance, show that he
was prejudiced by counsel's ineffectiveness,” is pending before the Supreme Court in

Weaver v. Massachusetts, No. 16-240. A certificate of appealability is ISSUED as to
this issue.

April 14, 2017

/s/Rya W. Zobel

DATE

RYA W . ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE

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