Hayes v. Burt, 15-10081. (2018)
Court: District Court, E.D. Michigan
Number: infdco20180207a75
Visitors: 6
Filed: Feb. 06, 2018
Latest Update: Feb. 06, 2018
Summary: ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR CERTIFICATE OF APPEALABILITY LINDA V. PARKER , District Judge . This matter is before the Court on Petitioner's motion for a certificate of appealability. In his motion, Petitioner seeks a certificate of appeability with respect to all of the claims asserted in his application for the writ of habeas corpus pursuant to 28 U.S.C. 2254 in order to appeal this Court's January 9, 2018 decision denying him relief. The Court concluded in it
Summary: ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR CERTIFICATE OF APPEALABILITY LINDA V. PARKER , District Judge . This matter is before the Court on Petitioner's motion for a certificate of appealability. In his motion, Petitioner seeks a certificate of appeability with respect to all of the claims asserted in his application for the writ of habeas corpus pursuant to 28 U.S.C. 2254 in order to appeal this Court's January 9, 2018 decision denying him relief. The Court concluded in its..
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ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR CERTIFICATE OF APPEALABILITY
LINDA V. PARKER, District Judge.
This matter is before the Court on Petitioner's motion for a certificate of appealability. In his motion, Petitioner seeks a certificate of appeability with respect to all of the claims asserted in his application for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 in order to appeal this Court's January 9, 2018 decision denying him relief.
The Court concluded in its January 9 decision that Petitioner is entitled to a certificate of appealability with respect to only his claim related to the introduction of evidence about threats to Brian Tilles. (ECF No. 10 at Pg ID 2036.) The Court found that reasonable jurists could not debate its assessment of Petitioner's remaining claims. In his pending motion, Petitioner fails to demonstrate that this conclusion was wrong.
Accordingly,
IT IS ORDERED that Petitioner's motion for certificate of appealability is GRANTED IN PART AND DENIED IN PART in that Petitioner is GRANTED a certificate of appealability with respect to the following issue, only:
Whether Petitioner was deprived a fair trial when the trial court admitted testimony that a key witness, Brian Tilles, was reluctant to testify due to threats.
Petitioner is DENIED a certificate of appealability with respect his remaining claims.
Source: Leagle
