Can a petitioner appeal a district court's denial of a writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Franks v. Spearman, Case No. 1:18-cv-00385-DAD-JDP (E.D. Cal. 2019):
A petitioner seeking a writ of habeas corpus has no absolute right to appeal a district court's denial of a petition; he may appeal only in limited circumstances. See 28 U.S.C. 2253; Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003). Rule 11 Governing Section 2254 Cases requires a district court to issue or deny a certificate of appealability when entering a final order
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a petitioner appeal a district court's denial of his writ of habeas corpus? (MultiRegion, United States of America)
Does a petitioner have an absolute right to appeal a district court's denial of a writ of habeas corpus? (MultiRegion, United States of America)
How can a petitioner appeal a district court's denial of a writ of habeas corpus? (MultiRegion, United States of America)
Does a district court have jurisdiction to order that a petitioner be released from custody even after an appeal of the grant or denial of habeas relief has been appealed? (MultiRegion, United States of America)
What is the test for appealing a district court's denial of a writ of habeas corpus? (MultiRegion, United States of America)
What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder? (MultiRegion, United States of America)
Can a state prisoner appeal a federal district court's denial of his writ of habeas corpus? (MultiRegion, United States of America)
What jurisdiction has been granted to an appeal by a federal district court against the denial of a petition for habeas corpus? (MultiRegion, United States of America)
How have courts reviewed a district court's denial of a petition for habeas corpus? (MultiRegion, United States of America)
What is the appeal and cross-appeal from a grant of habeas corpus by the district court in a death penalty case? (MultiRegion, United States of America)
