Opinion
Civil Action No. 00-12187-0RWZ
August 23, 2002
CERTIFICATE OF APPEALABILITY
Petitioner has moved for leave to appeal without payment of the filing fee. The motion is allowed to protect petitioner's appeal provided, however, that he files an affidavit of indigency within 14 days of the entry of this order.
Petitioner also moves for leave to file for a certificate of probable cause to appeal which I shall treat as a motion for a certificate of appealability required by 28 U.S.C. § 2253(c)(1)(A). Under subsection (2) of that statute, such certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Although the petition alleged numerous constitutional infirmities in the conduct of the trial of petitioner, as to most I cannot say that petitioner met the requirements of the statute. However, whether the several cited defects in the conduct of trial and appellate counsel denied petitioner the effective assistance of counsel raises a substantial issue which I hereby certify to the Court of Appeals.