Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Simpson v. Evans

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


August 31, 2009

SHABONDY LAMAR SIMPSON, PETITIONER,
v.
M. EVANS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 22, 2009 denial of his application for a 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 "only 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).

A 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 of the denial of a constitutional right in the following issues presented in the instant petition: (1) whether his right to due process was violated by the introduction of perjured testimony at his trial; (2) whether his Sixth and Fourteenth Amendment rights were violated by the trial court's denial of his motion for new trial; (3) whether he received ineffective assistance of trial and appellate counsel; (4) whether the prosecutor committed misconduct by allowing one of the prosecution witnesses to give perjured testimony; (5) whether the prosecutor failed to disclose exculpatory evidence to the defense; and (6) whether the trial court violated his right to due process when it responded improperly to a question from the jury.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.