Opinion
Case Number: 08-20705-CIV-MORENO.
August 31, 2010
ORDER GRANTING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY IN PART
THIS CAUSE came before the Court upon Appellant's Motion for Certificate of Appealability (D.E. No. 40), filed on August 18, 2010 .
Appellant's motion for a certificate of appealability is GRANTED in part as to Appellant's second claim which disputes the admissibility of the supervisor's testimony regarding blood alcohol tests as a violation of the Confrontation Clause of the Sixth Amendment. The Court DENIES Appellant's motion for a certificate of appealability as to Appellant's first claim which alleges that he was denied a fair and impartial trial because appellant has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
DONE AND ORDERED in Chambers at Miami, Florida.