Section 38 Appeals

• Library: Remedies 2006

The AEDPA amended 28 U.S.C. § 2253 and changed the appellate procedure. A habeas petitioner who seeks to appeal must obtain a certificate of appealability (COA). If issued, the certificate indicates 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. A COA will only be issued if the petitioner can make a showing that the requirements of 28 U.S.C. § 2253 have been satisfied. Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). The...