Willie Strode v. State of Mississippi

This is an appeal from denial of a petition for writ of habeas corpus by a prisoner incarcerated pursuant to a state conviction. On August 12, 1971 the district court entered an order stating that it was allowing an appeal, which we construe to mean granting a certificate of probable cause under 28 U.S.C. § 2253, stating that it did so because of the policy of this circuit to allow such an appeal regardless of its merit.

There is no such policy of this circuit. Section 2253 provides that an appeal may not be taken from the final order in a habeas proceeding where the detention is under state…