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