· 5/20/1997
Pedro Muniz v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
Citations
- 114 F.3d 43
- 1997 U.S. App. LEXIS 11840
- 1997 WL 265120
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “we conclude that when a district court issues a CPC or COA that does not specify the issue or issues warranting review, as required by 28 U.S.C. § 2253(c)(3
- stating that “we conclude that when a district court issues a CPC or COA that does not specify the issue or issues warranting review, as required by 28 U.S.C. § 2253(c)(3
- declining to evaluate the issues that may be the subject of a COA when such a determination may be inconsistent with the district court’s assessment of the viability of petitioner’s federal habeas claims
- noting that if we are confronted with a CPC in a case covered by AEDPA’s § 2253(c)(3), we do not remand to the district court for a specification of the issues the CPC/COA covers when only one issue was before that court
- \ A district court must deny the COA before a petitioner can request one from this court.\ (emphasis added)
- \A district court must deny the COA before a petitioner can request one from this court.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Barksdale, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.