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- ilnd;;1:07-cv-04860_de27 RegisterActionDate "2009-04-17" @default.
- ilnd;;1:07-cv-04860_de27 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: Tirzo Garcia seeks to appeal from this court's denial of his 28 U.S.C. § 2254 petition. The court concluded that Garcia's claim of prosecutorial misconduct is procedurally defaulted and that his properly-preserved claimsviolation of the Vienna Convention, insufficiency of the evidence, and inadequate assistance of trial counsellack merit. This court will issue a certificate of appealability "only if the applicant has made asubstantial showing of the denial of a constitutional right." § 2253(c)(2). To make such a showing, Petitioner would have to show that the issues he intends to present to the Court of Appeals "are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further." Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983). With respect, Mr. Garcia's case does not meet that standard. None of his objections to the process in this case raise a substantial showing that his constitutional rights were denied. The motion for a certificate of appealability (26) is denied. Mailed notice (ep, ) (Entered: 04/20/2009)" @default.
- ilnd;;1:07-cv-04860_de27 AdministrativeID "28" @default.
- ilnd;;1:07-cv-04860_de27 OntologyLabel minute_entry @default.