Habeas Corpus — certificates of appealability

By: WISCONSIN LAW JOURNAL STAFF//November 6, 2013//

Listen to this article

United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus — certificates of appealability

When a habeas petitioner challenges a prison disciplinary action rather than his or her underlying conviction, the certificate of appealability requirement of sec. 2253(c)(1)(A) does not apply.

“If Congress had intended a different result, it could have used different language—as it did in other habeas provisions. Compare 28 U.S.C. §2253(c)(1)(A) (‘in which the detention complained of arises out of process issued by a State court’), with 28 U.S.C. §2254(a) (‘in custody pursuant to the judgment of a State court’). One of the most reliable guides to interpreting statutes is to assume that Congress meant what it said. E.g., Connecticut Nat’l Bank v. Germain, 503 U.S. 249, 253–54 (1992).”

So Ordered.

12-2081 Grandberry v. Keever

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Hamilton, J.

Select Region or Brand

Upcoming Event