9:32
[kevin oleary]
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Simple English definitions for legal terms
certificate of appealability
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A quick definition of certificate of appealability:
A certificate of appealability is a document issued by a judge that allows a prisoner to appeal a denial of federal habeas corpus relief. The certificate is issued if the prisoner can show that a constitutional right may have been denied, and that reasonable jurists would find the claim at least debatable. If the certificate is not issued, no appeal is possible. It used to be called a certificate of probable cause or certificate of reasonable doubt.
A more thorough explanation:
A certificate of appealability is a document issued by a United States circuit judge in an appeal from the denial of federal habeas corpus relief. It certifies that the prisoner has shown that a constitutional right may have been denied.
The certificate of appealability is issued when the prisoner shows that the claim is at least debatable, and not necessarily that it would succeed on the merits. If the certificate is not issued, no appeal is possible.
For example, if a prisoner claims that their constitutional right to a fair trial was violated, they can apply for a certificate of appealability. If the judge issues the certificate, the prisoner can appeal the denial of their habeas corpus relief.
Another example is if a prisoner claims that their constitutional right to due process was violated during their trial. If the judge issues the certificate of appealability, the prisoner can appeal the denial of their habeas corpus relief.