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Marcus v. Adams

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 27, 2009

RALPH ALBERT MARCUS, PETITIONER,
v.
DARRELL ADAMS, RESPONDENT.

The opinion of the court was delivered by: Alfred T. Goodwin, United States Circuit Judge Sitting by designation

CERTIFICATE OF APPEALABILITY

Under authority of 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b)(1), the Court hereby certifies that there is cause for an appeal in the above-entitled case. Accordingly, a certificate of appealability is granted for the following issues:

1. Whether the district court erred in determining that Petitioner's due process rights under Brady v. Maryland, 373 U.S. 83 (1963), were not violated by the prosecutor's alleged withholding of cassette tapes that Petitioner claims are exculpatory.

2. Whether the district court erred in determining that Petitioner's Sixth Amendment right to assistance of counsel was not violated because his trial counsel's performance did not fall below the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984).

20090227

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