Appeals
Certificate of Appealability
A certificate of appealability is the permission a habeas or Section 2255 petitioner must obtain before a court of appeals will hear their appeal.
The petitioner must make a substantial showing of the denial of a constitutional right, meaning reasonable jurists could debate whether the petition should have been resolved differently. The district judge rules first; if denied, the petitioner may ask the court of appeals.
It is an unusual gate: without it, the appeal is dismissed without any look at the merits. Certificates are frequently granted on some issues and denied on others, which narrows the appeal before briefing.
The requirement exists to control the volume of collateral appeals. It is also why so many post-conviction dockets end abruptly: the district court denies the motion, declines a certificate, and the appellate docket closes without briefing.
How it appears on a docket
ORDER denying 14 Motion to Vacate under Sec. 2255 and DECLINING to issue a certificate of appealability.
Governing rule
28 U.S.C. Sec. 2253(c)
Related terms
- Section 2255 Motion — A Section 2255 motion is a federal prisoner's request to vacate, set aside, or correct a sentence because it violates the Constitution or federal law.
- Habeas Corpus — A writ of habeas corpus is a court order requiring the government to justify holding someone in custody.
More on appeals
See this term in a real case
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