Section 15.37 Appeals

• Library: App Ct Prac 2015 Supp

D. (§15.37) Appeals

The AEDPA amended 28 U.S.C. § 2253 and changed the appeal procedure. A habeas petitioner who seeks to appeal must obtain a certificate of appealability. If issued, the certificate should indicate the specific issues that satisfy the required substantial showing of the denial of a constitutional right. The petitioner may request the issuance of the certificate by a circuit judge.

The AEDPA also dictates that, in a death penalty case, the court of appeals must make a final determination...