10 Cited authorities

  1. Slack v. McDaniel

    529 U.S. 473 (2000)   Cited 63,578 times   16 Legal Analyses
    Holding that a habeas petitioner seeking to appeal a district court's denial of habeas relief on procedural grounds must not only make a substantial showing of the denial of a constitutional right but also must demonstrate that jurists of reason would find it debatable whether the district court was correct in its procedural ruling
  2. Miller-El v. Cockrell

    537 U.S. 322 (2003)   Cited 41,305 times   13 Legal Analyses
    Holding that a petitioner must "show that reasonable jurists could debate whether . . . the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further" (alteration accepted)
  3. Spencer v. Kemna

    523 U.S. 1 (1998)   Cited 4,402 times   2 Legal Analyses
    Holding that an issue is moot when "there is nothing for us to remedy"
  4. North Carolina v. Rice

    404 U.S. 244 (1971)   Cited 1,348 times   1 Legal Analyses
    Holding that federal courts must resolve questions of mootness before assuming jurisdiction
  5. Okereke v. U.S.

    307 F.3d 117 (3d Cir. 2002)   Cited 1,339 times
    Holding that the petitioner could not qualify for the escape hatch where he brought an Apprendi challenge to his sentence and did not claim factual innocence of the underlying crime of conviction
  6. Blanciak v. Allegheny Ludlum Corp.

    77 F.3d 690 (3d Cir. 1996)   Cited 826 times
    Finding a claim for declaratory and injunctive relief moot where there was "no hint in the record of any present or imminent future harm from the [defendant's] alleged conduct"
  7. Virsnieks v. Smith

    521 F.3d 707 (7th Cir. 2008)   Cited 268 times   1 Legal Analyses
    Holding that "the future threat of incarceration for registrants who fail to comply" is insufficient
  8. Khodara Environmental, Inc. v. Beckman

    237 F.3d 186 (3d Cir. 2001)   Cited 128 times
    Holding that facial constitutional challenges — on equal protection and other grounds — were mooted by an amendment that significantly broadened the statute's scope and thus alleviated these facial concerns
  9. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 168,898 times   338 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
  10. Section 2253 - Appeal

    28 U.S.C. § 2253   Cited 92,860 times   59 Legal Analyses
    Conditioning the taking of an appeal on the issuance of a "certificate of appealability"