What is the legal test for appealability of a writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Franco v. Espinoza, No. 1:18-cv-00057-SKO (HC) (E.D. Cal. 2018):
A petitioner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, but may only appeal in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides:
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