Black v. Davis

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. View "Black v. Davis" on Justia Law