Tag: Habeas Relief Judgement

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…)