Opinion
Civil Action No. 02-11918-RWZ.
September 19, 2005
CERTIFICATE OF APPEALABILITY
Petitioner sought a writ of habeas corpus which this court denied. Now petitioner wishes to appeal and seeks a certificate of appealability.
To the extent the petition was denied for procedural default, the motion is denied. To the extent the dismissal of the petition was based on a failure to show the requisite prejudice to sustain a claim of ineffective assistance of counsel, the motion is allowed. Accordingly, a certificate of appealability may issue as to all of petitioner's claims of ineffective counsel at the trial and appellate level.