Tag: Federal Appeals

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 2 of 2

August 22nd, 2019 by

As explained in Part One of this two-part blog article posting, I was asked to conduct research the steps to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). [...] Read More

Does the State Need a Certificate of Appealability to Appeal a Habeas Judgement?

May 22nd, 2018 by

Appeal Habeas JudgementAnyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate court.  No controversy there.

The more interesting question, however, is whether a state is required to obtain a certificate of appealability before appealing a district court’s grant of habeas relief to the petitioner. (more…)