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Blair v. Chrones

United States District Court, E.D. California
Feb 23, 2010
No. CIV S-06-0556 LKK DAD P (E.D. Cal. Feb. 23, 2010)

Opinion

No. CIV S-06-0556 LKK DAD P.

February 23, 2010


ORDER


Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's January 11, 2010 denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).

A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3).

A certificate of appealability should be granted for any issue that petitioner can demonstrate is "`debatable among jurists of reason,'" could be resolved differently by a different court, or is "`adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).

Except for the requirement that appealable issues be specifically identified, the standard for issuance of a certificate of appealability is the same as the standard that applied to issuance of a certificate of probable cause. Jennings, at 1010.

Petitioner has made a substantial showing of the denial of a constitutional right in the following issue(s) presented in the instant petition: (1) whether juror misconduct deprived petitioner of his right to a fair trial, and (2) whether the trial judge violated petitioner's right to due process by failing to properly respond to two questions from the jury.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action.


Summaries of

Blair v. Chrones

United States District Court, E.D. California
Feb 23, 2010
No. CIV S-06-0556 LKK DAD P (E.D. Cal. Feb. 23, 2010)
Case details for

Blair v. Chrones

Case Details

Full title:MARCUS QUINN BLAIR, JR., Petitioner, v. LE ANN CHRONES, Respondent

Court:United States District Court, E.D. California

Date published: Feb 23, 2010

Citations

No. CIV S-06-0556 LKK DAD P (E.D. Cal. Feb. 23, 2010)