IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 24, 2009
RANDY JOE SKAINS, SR., PETITIONER,
BILL LOCKLER, ET AL., RESPONDENTS.
Petitioner, a state prisoner proceeding pro se, has filed a timely notice of appeal of this court's March 25, 2009 order denying his application for writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
A certificate of appealability may issue under 28 U.S.C. § 2253 "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3).
certificate of appealability should be granted for any issue that petitioner can demonstrate is "'debatable among jurists of reason,'" could be resolved differently by a different court, or is "'adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).*fn1
Petitioner has made a substantial showing in his petition as to the following issues: (1) the prosecutor presented false or misleading witness testimony; (2) the prosecutor improperly coached witnesses; (3) the prosecutor failed to disclose impeachment evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (4) the prosecutor made prejudicial, misleading statements to the press prior to trial; (5) the trial judge was biased due to a conflict of interest; (6) petitioner was compelled to testify in violation of the Fifth Amendment; (7) his right to present a complete defense was violated; (8) the trial judge implied his guilt and denied him a fair trial by commenting in the jury's presence that petitioner was present in custody; (9) trial counsel rendered ineffective assistance of counsel; (10) petitioner's right to a unanimous jury verdict was violated; and (11) the prosecutor was biased due to a conflict of interest.
Accordingly, IT IS HEREBY ORDERED that a certificate of appealability shall issue in the present action.