[Download] "Sigmon v. Communitycare Hmo" by Tenth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Sigmon v. Communitycare Hmo
• Author : Tenth Circuit U.S. Court of Appeals
• Release Date : January 11, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Pro se appellant Gilbert Espinoza-Saenz seeks a certificate of appealability to appeal the district courts denial of his 28 U.S.C. § 2255 motion to vacate his criminal sentence and the courts denial of his request to amend his motion out of time. In order for this court to grant a certificate of appealability, defendant must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In addressing the requirements of obtaining a certificate of appealability under § 2253(c), the Supreme Court recently stated that a defendant must show a substantial denial of a constitutional right by demonstrating "reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were `adequate to deserve encouragement to proceed further." Slack v. McDaniel, 120 S. Ct. 1595, 1603-04 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 and n.4 (1983)) (further quotation omitted).

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