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Vaden v. Runnels

United States District Court, E.D. California
Feb 5, 2010
No. CIV S-06-1733 JAM GGH P (E.D. Cal. Feb. 5, 2010)

Opinion

No. CIV S-06-1733 JAM GGH P.

February 5, 2010


ORDER


Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's December 7, 2009, 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 issues presented in the instant petition: 1) ineffective assistance of counsel based on counsel's failure to present medical records regarding petitioner's treatment for alcohol abuse; 2) ineffective assistance of counsel based on counsel's failure to present expert testimony in support of petitioner's intoxication defense.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action on the above stated grounds and DENIED in all other respects.


Summaries of

Vaden v. Runnels

United States District Court, E.D. California
Feb 5, 2010
No. CIV S-06-1733 JAM GGH P (E.D. Cal. Feb. 5, 2010)
Case details for

Vaden v. Runnels

Case Details

Full title:ERNEST LEE VADEN, Petitioner, v. D.L. RUNNELS, Respondent

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

Date published: Feb 5, 2010

Citations

No. CIV S-06-1733 JAM GGH P (E.D. Cal. Feb. 5, 2010)