Legal Opinion

Ashworth v. Addison

Court of Appeals for the Tenth Circuit

Decided May 19, 2005No. 04-6364Published

1Opinion of the Court

ORDER

Proceeding pro se, Brian Ashworth seeks a certificate of appealability (“COA”) so he can appeal the district court’s denial of the habeas petition he filed pursuant to 28 U.S.C. § 2254. See 28 U.S.C. § 2253(c)(1)(A) (providing that no appeal may be taken from a final order disposing of a § 2254 petition unless the petitioner first obtains a COA). Ashworth’s motion to proceed in forma pauperis is granted.

On January 10, 2003, Ashworth pleaded guilty to one count of lewd molestation. Pursuant to the terms of a plea agreement, a second charge of lewd molestation was dismissed. He was…

2Cases cited4 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. Norton v. StateCourt of Criminal Appeals of Oklahoma · 2002

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