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[DOWNLOAD] "United States v. Defendant-Appellant." by Fifth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

United States v. Defendant-Appellant.

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eBook details

  • Title: United States v. Defendant-Appellant.
  • Author : Fifth Circuit U.S. Court of Appeals
  • Release Date : January 05, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Kimler requests a COA for issues the district court deemed unworthy of collateral review. We first turn to the question of when a circuit judge may grant a COA upon issues denied certification by the district court. Reading Fed. R. App. P. 22(b) with 28 U.S.C. § 2253(c)(3), we conclude that a notice of appeal is not a constructive request for review of issues refused certification by the district court where the district court certified some but not all issues. Rather, we will not review a denial of a COA in such circumstances unless petitioner requests that we do so.


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