United States Tenth Circuit

In an application for a certificate of appealability to appeal the district court's denial of petitioner's 28 U.S.C. section 2254 habeas petition, the application is denied where: 1) the state court's evidentiary rulings were not so grossly prejudicial that it fatally infected the trial and denied the fundamental fairness that is the essence of due process; and 2) nor would reasonable jurists debate whether the alleged instances of prosecutorial misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• Array

Court

• United States Tenth Circuit

Counsel