1 Analyses of this case by attorneys

  1. Capital Defense Weekly, September 11 , 2000

    Capital Defense NewsletterSeptember 11, 2000

    ly answered the question whether the AEDPA required an unsuccessful habeas petitioner to obtain a COA from the district court in order to appeal the denial of relief if the notice of appeal was filed after the effective date of the AEDPA. Compare Tiedeman v. Benson, 122 F.3d 518, 520-21 (8th Cir. 1997) (holding that COA is required in cases in which the notice of appeal is filed after the effective date of the AEDPA, even though the habeas petition was originally filed in the district court before that date), with Fuller v. Roe, 182 F.3d 699, 702 (9th Cir. 1999) (joining the majority of circuit courts in holding "that §§ 2254 and 2255 petitioners who filed their petitions in district court prior to AEDPA's effective date, regardless of whether they filed their notice of appeal before or after AEDPA's [effective date], do not need a certificate of appealability to proceed with their appeal") (quoting United States v. Kunzman, 125 F.3d 1363, 1364 n.2 (10th Cir. 1997)); Crowell v. Walsh, 151 F.3d 1050, 1052 (D.C. Cir. 1998) (same); Tejeda v. Dubois, 142 F.3d 18, 21-22 & n.4 (1st Cir. 1998) (same); Berrios v. United States, 126 F.3d 430, 431 n.2 (2d Cir. 1997) (same); United States v. Skandier, 125 F.3d 178, 179-82 (3rd Cir. 1997) (same); Hardwick, 122 F.3d at 936 (same); Arredondo v. United States, 120 F.3d 639, 640 (6th Cir. 1997) (same); United States v. Carter, 117 F.3d 262, 264 (5th Cir. 1997) (same).Earlier this year, the Supreme Court, in Slack v. McDaniel, __ U.S. __, 120 S. Ct. 1595, 146 L. Ed. 2d 542 (2000), answered the question, holding that, in a section 2254 or 2255 proceeding,when a habeas corpus petitioner seeks to initiate an appeal of the dismissal of a habeas corpus petition after April 24, 1996 (the effective date of the AEDPA), the right to appeal is governed by the certificate of appealability (COA) requirements now found at 28 U.S.C. § 2253(c) (1994 ed., Supp. III).