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Legal Opinion

Marcus Lozada and Jose Orlando Mieles v. United States

Court of Appeals for the Second Circuit

Decided March 7, 1997No. 96-2887PublishedCited by 152 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

Pending before us is a motion that occasions our consideration of several procedural questions arising in connection with the recently enacted requirement of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA” or “the Act”), Pub.L. No. 104-132, 110 Stat. 1214, for a “certificate of ap-pealability” (“COA”) as a condition of appealing the denial of an application for collateral attack upon a state or federal conviction under 28 U.S.C. §§ 2254, 2255. These issues are: (1) whether the AEDPA limits the grounds on which a prisoner may appeal the denial of a…

2Cases cited12 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Herrera v. CollinsSupreme Court of the United States · 1993
  3. Edwardo Reyes v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
  4. Charles Edward Hunter v. United States of America, Henry C. Bailey v. John E. Nagle, Warden, Jeff Sessions, Attorney General for the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1996
  5. United States v. LopezCourt of Appeals for the Tenth Circuit · 1996

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3Cited by152 opinions

  1. James R. Kincade v. Emmit L. Sparkman, Warden Commonwealth of Kentucky, Anthony L. Hereford v. United StatesCourt of Appeals for the Sixth Circuit · 1997
  2. John R. Tiedeman v. Dennis Benson, Warden, State of MinnesotaCourt of Appeals for the Eighth Circuit · 1997
  3. United States v. Rafat AsrarCourt of Appeals for the Ninth Circuit · 1997
  4. United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel CeperoCourt of Appeals for the Third Circuit · 2000
  5. United States v. Tyrone Perez, Also Known as Larry, Also Known as StarkyCourt of Appeals for the Second Circuit · 1997

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