September 06th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Black v. Davis

Docket: 16-10159
Opinion Date: September 5, 2018
Judge: Leslie Southwick
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit vacated a certificate of appealability (COA) on two issues and dismissed the appeal. The court held that it had no jurisdiction to issue a COA on an issue in which the district court did not deny a COA. In this case, petitioner did not present to the district court, in any manner identifiable by that court, a claim that he was constructively denied counsel. Therefore, the district court did not consider the Cronic issues and thus the COA was granted without jurisdiction.

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