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Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50222 · judgment October 25, 2019


Certiorari denied · March 30, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should a state prisoner take a separate, direct ap­ peal of the denial of an evidentiary hearing in a federal habeas case when no “certificate of appealability” is needed for such appeal? Did the United States District Court and/or United States Court of Appeals below err by failing to grant Petitioner a “certificate of appealability” for his habeas corpus appeal, under 28 U.S.C. §2253(c) and the “mod­ est showing” required by Slack u. McDaniel, 529 U.S. 473 (2000)? Did the United States District Court and/or United States Court of Appeals below err by failing to grant Petitioner’s request for an evidentiary hearing? / t ;

Counsel of record

For petitioner
Terry Trentacosta

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 30 2020
    Petition DENIED.
  2. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  3. Jan 23 2020
    Petition for a writ of certiorari filed. (Response due February 26, 2020)