Ervin v. Bowersox

Filing 29

ORDER. The Court finds that Movant has made a substantial showing of the denial of a constitutional right, as is required before a certificate of appealability can issue. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (explaining that a " substantial showing" is a showing that the "issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings"). Therefore, the Court will issue a certificate of app ealability as to the claim the trial court erred in admitting evidence of Petitioner's interview with law enforcement. The Court will not issue a certificate of appealability as to Petitioners claim his trial counsel was ineffective for failing to question his father and stepbrother about his father's practice of physically disciplining his children. Signed by District Judge E. Richard Webber on 4/11/2017. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JONATHAN T. ERVIN,
Petitioner,
vs.
MICHAEL BOWERSOX,
Respondent.

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Case No. 4:16CV01337 ERW

ORDER
The Court finds that Movant has made a substantial showing of the denial of a
constitutional right, as is required before a certificate of appealability can issue. See Cox v.
Norris, 133 F.3d 565, 569 (8th Cir. 1997) (explaining that a Asubstantial showing@ is a showing
that the Aissues are debatable among reasonable jurists, a court could resolve the issues
differently, or the issues deserve further proceedings@). Therefore, the Court will issue a
certificate of appealability as to the claim the trial court erred in admitting evidence of
Petitioner’s interview with law enforcement. The Court will not issue a certificate of
appealability as to Petitioner’s claim his trial counsel was ineffective for failing to question his
father and stepbrother about his father’s practice of physically disciplining his children.
So ordered this 11th day of April, 2017.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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