Violet Love Ray v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

A state prisoner can appeal from the denial of a federal petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 only if she first obtains a certificate of appealability under 28 U.S.C. § 2253(c). Section 2253(c)(2), designed to screen out frivolous appeals, provides: “A certificate of appealability may issue … only if the applicant has made a substantial showing of the denial of a constitutional right.” Two courts of appeals have determined that a state judge’s view that post-conviction relief is warranted due to the denial of a constitutional right is ordinarily proof of “a substantial showing of the denial of a constitutional right.” The decision below, however, denies Petitioner a certificate of appealability even though a state appellate judge determined she had established a right to relief on the merits of her constitutional ineffective-assistance-of-counsel claim. The question presented is: Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c) where one or more judges in the state-court habeas proceedings has determined the petitioner proved the denial of a constitutional right entitling her to post-conviction relief.