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Blair v. Chrones

February 23, 2010

MARCUS QUINN BLAIR, JR., PETITIONER,
v.
LE ANN CHRONES, RESPONDENT.



ORDER

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's January 11, 2010 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 issue(s) presented in the instant petition: (1) whether juror misconduct deprived petitioner of his right to a fair trial, and (2) whether the trial judge violated petitioner's right to due process by failing to properly respond to two questions from the jury.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued ...


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