Can a state prisoner appeal a federal district court's denial of his writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Freeman v. Becerra, 1:21-cv-00195-JLT (HC) (E.D. Cal. 2021):
A state prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-336 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides as follows:
"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 state prisoner appeal a district court's denial of habeas corpus? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Can a state prisoner appeal a federal court's denial of his 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 district court's denial of his writ of habeas corpus? (MultiRegion, United States of America)
Does a state prisoner have to prove that a state court's ruling on a claim for habeas corpus from a federal court is unenforceable? (MultiRegion, United States of America)
