Legal Opinion

DeCato v. United States

Court of Appeals for the First Circuit

Decided November 27, 2002No. 00-2118PublishedCited by 2 opinions

1Per curiam

Petitioner Richard J. DeCato Jr. has applied for a certificate of appealability (COA) in order to appeal from the dismissal of his habeas petition under 28 U.S.C. § 2255. To qualify for a COA, he must make “a substantial showing of the denial of a constitutional right.” Id. § 2253(c)(2). This standard requires a demonstration 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.’ ” Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d…

2Cases cited14 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Bousley v. United StatesSupreme Court of the United States · 1998
  3. Barefoot v. EstelleSupreme Court of the United States · 1983
  4. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  5. Richardson v. United StatesSupreme Court of the United States · 1999

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3Cited by2 opinions

  1. Cofske v. United StatesCourt of Appeals for the First Circuit · 2002
  2. Decato v. United StatesSupreme Court of the United States · 2003

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