What is a certificate of appealability?

Immediately after trial and sentencing, federal and state defendants have a right to appeal. [1] However, certain proceedings do not include an automatic right to appeal. For federal habeas corpus 2254 petitions filed by state prisoners and 2255 motions to vacate, set aside, or correct sentence filed by federal prisoners, petitioners must first obtain a certificate of appealability before proceeding with the appeal. [2]

So what is a certificate of appealability?

A certificate of appealability, commonly referred to as a “COA,” is a precondition to appealing the denial of federal habeas corpus. [3] By statute, no appeal may be taken from the denial of federal habeas corpus unless a district court judge or circuit court judge issue a COA. [4]

What do I have to do to get a certificate of appealability?

This requirement is fairly clear: To obtain a COA, a habeas prisoner must make a substantial showing of the denial of a constitutional right, which means showing that reasonable judges could debate whether the petition should have been decided in a different way or that the issues deserve encouragement to proceed further. [5] From here, the COA requirements diverge based on whether the habeas petition was denied on the merits or dismissed on procedural grounds. If the petition was denied on the merits, a COA requires a showing that reasonable judges would find the district court’s assessment of the constitutional claims debatable or wrong. [6]

If the petition was dismissed on procedural grounds, a COA should be granted where the petitioner shows that reasonable judges would both (1) find it debatable whether the petition states a valid claim of the denial of a constitutional right, and (2) find it debatable whether the district court was correct in its procedural ruling. [7]

If granted a COA, the habeas denial may progress to full briefing like a normal appeal.

Demonstrating the basis for a COA can be complicated. If you or someone you love is in need of an experienced certificate of appealability attorney, contact Peter Armstrong, Attorney at Law, for a free consultation.

REFERENCES:

1.     See generally Federal Rule of Appellate Procedure 3 & 4 (available at https://www.law.cornell.edu/rules/frap/rule_3, and https://www.law.cornell.edu/rules/frap/rule_4); Alabama Rule of Appellate Procedure 3 & 4 (available at https://judicial.alabama.gov/docs/library/rules/ap3.pdf and https://judicial.alabama.gov/docs/library/rules/ap4.pdf); and Minnesota Rule of Criminal Procedure 28.02 subd. 2 (available at https://www.revisor.mn.gov/court_rules/cr/id/28/).

2.    Rule 11 of the Rules Governing Section 2254 Proceedings and Rule 11 of the Rules Governing Section 2255 proceedings (available at https://www.uscourts.gov/file/27805/download).

3.    28 U.S.C. § 2253(c) (https://www.law.cornell.edu/uscode/text/28/2253).

4.    Id. (“Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals…”)

5.    Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). (available at https://supreme.justia.com/cases/federal/us/529/473/)

6.    Id. at 484.

7.    Id.