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Skains v. Lockler

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


April 24, 2009

RANDY JOE SKAINS, SR., PETITIONER,
v.
BILL LOCKLER, ET AL., RESPONDENTS.

ORDER

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.


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