Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#/DocketEntry/ilnd;;1:08-cv-02153_de27> ?p ?o ?g. }
Showing items 1 to 5 of
5
with 100 items per page.
- ilnd;;1:08-cv-02153_de27 RegisterActionDate "2009-04-29" @default.
- ilnd;;1:08-cv-02153_de27 RegisterActionDescriptionText "MINUTE entry before the Honorable Charles R. Norgle, Sr: Petitioner 128D9BF ("Collins") request for a certificate of appealability ("COA") 26 is granted. "A [COA] may issue...only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). However, the petitioner is not required "to prove, before the issuance of a COA, that some jurists would grant the petition for habeas corpus." Miller-El v. Cockrell, 537 U.S. 322, 338 (2003). Rather, "a petitioner must show that reasonable jurists could debate whether...the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Id. at 336 (quotations and citation omitted). "[A] claim can be debatable even though every jurist of reason might agree, after the COA has been granted and the case has received full consideration, that petitioner will not prevail. Id. at 338. Here, 128D9BF has made a sufficient showing that his claim is "debatable" and therefore his request is granted. Mailed notice (gmr, ) (Entered: 05/04/2009)" @default.
- ilnd;;1:08-cv-02153_de27 AdministrativeID "27" @default.
- ilnd;;1:08-cv-02153_de27 OntologyLabel minute_entry @default.
- ilnd;;1:08-cv-02153_de27 hasReferenceToOtherEntry ilnd;;1:08-cv-02153_de25 @default.