Ervin v. Bowersox, 4:16CV01337 ERW. (2017)
Court: District Court, E.D. Missouri
Number: infdco20170412f12
Visitors: 5
Filed: Apr. 11, 2017
Latest Update: Apr. 11, 2017
Summary: ORDER E. RICHARD WEBBER , Senior District Judge . The Court finds that Movant has made a substantial showing of the denial of a constitutional right, as is required before a certificate of appealability can issue. See Cox v. Norris, 133 F.3d 565 , 569 (8th Cir. 1997) (explaining that a "substantial showing" is a showing that the "issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings"). Therefore, the Court
Summary: ORDER E. RICHARD WEBBER , Senior District Judge . The Court finds that Movant has made a substantial showing of the denial of a constitutional right, as is required before a certificate of appealability can issue. See Cox v. Norris, 133 F.3d 565 , 569 (8th Cir. 1997) (explaining that a "substantial showing" is a showing that the "issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings"). Therefore, the Court w..
More
ORDER
E. RICHARD WEBBER, Senior District Judge.
The Court finds that Movant has made a substantial showing of the denial of a constitutional right, as is required before a certificate of appealability can issue. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (explaining that a "substantial showing" is a showing that the "issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings"). Therefore, the Court will issue a certificate of appealability as to the claim the trial court erred in admitting evidence of Petitioner's interview with law enforcement. The Court will not issue a certificate of appealability as to Petitioner's claim his trial counsel was ineffective for failing to question his father and stepbrother about his father's practice of physically disciplining his children.
Source: Leagle
