Schneider v. Rochester Firemen's Benevolent Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a Johnson claim is the same as a Davis claim because they are “based on the same ground (void-for-vagueness)”
• holding “that our court can raise COA defects sua sponte—just as it can raise numerous other defects in postconviction proceedings”
• dismissing for lack of jurisdiction because the applicant lacked a COA Case: 25-40621 Document: 37-1 Page: 2 Date Filed: 05/06/2026 No. 25-40621 for a claim based on the denial of a constitutional right
• movant must make substantial showing of denial of a constitutional right to obtain certificate of appealability
• “When we spot a defective [certificate of appealability], on our own initiative or otherwise, it should be vacated.”
• “When we spot a defective [certificate of appealability], on our own initiative or otherwise, it should be vacated.”

Source: CourtListener parenthetical corpus (CC0).