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Guidry v. Sheets

United States District Court, S.D. Ohio, Eastern Division
Aug 4, 2010
CASE NO. 2:08-cv-1191 (S.D. Ohio Aug. 4, 2010)

Opinion

CASE NO. 2:08-cv-1191.

August 4, 2010


OPINION AND ORDER


On June 30, 2010, final judgment was issued dismissing the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 30, 2010, petitioner filed a Notice of Appeal, which this Court construes as a request for a certificate of appealability. Doc. No. 23. For the reasons that follow, petitioner's request for a certificate of appealability, Doc. No. 23, is GRANTED.

In this habeas corpus petition, petitioner asserts the following sole ground for relief:

Petitioner's right to due process of law, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution, was violated when the trial court failed to grant Petitioner's motion for a new trial after the prosecution's key witness recanted her testimony implicating Petitioner Guidry.

On June 30, 2010, the Court dismissed petitioner's claim on the merits.

When a claim has been denied on the merits, a certificate of appealability may issue only if the petitioner "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This standard is a codification of Barefoot v. Estelle, 463 U.S. 880 (1983). Slack v. McDaniel, 529 U.S. 473, 484. To make a substantial showing of the denial of a constitutional right, a petitioner must show

that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were "`adequate to deserve encouragement to proceed further.'" Barefoot, 463 U.S., at 893, and n. 4. . . .
Id. Upon review of the record, the Court is persuaded that reasonable jurists would debate whether his § 2254 petition should have been resolved differently. Therefore, petitioner's request for a certificate of appealability, Doc. No. 23, is GRANTED.

The following issue is certified for appeal:

Was petitioner denied due process when the state trial court denied his motion for a new trial?

IT IS SO ORDERED.


Summaries of

Guidry v. Sheets

United States District Court, S.D. Ohio, Eastern Division
Aug 4, 2010
CASE NO. 2:08-cv-1191 (S.D. Ohio Aug. 4, 2010)
Case details for

Guidry v. Sheets

Case Details

Full title:LEOPOLD GUIDRY, Petitioner, v. WARDEN MICHAEL SHEETS, Respondent

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Aug 4, 2010

Citations

CASE NO. 2:08-cv-1191 (S.D. Ohio Aug. 4, 2010)