United States First Circuit

28 U.S.C. section 2253 will not bar the issuing of a certificate of appealability where a supposed antecedent procedural bar prevented the district court from reaching petitioner's asserted constitutional claim.

Appellate Information

• Decided 11/07/2002
• Published 11/07/2002

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James P. Bardsley and Law Office of Bardsley & Gray on Motion Attacking the Sentence Imposed by this Court, Pursuant to Section 2255 of Title 28 of the United States Code for petitioner., James P. Bardsley and Law Office of Bardsley & Gray on Motion for the Issuance of a Certificate of Appealability Pursuant to F.R.A.P. 22(b) and Loc. R. 22.1 for petitioner., James P. Bardsley and Law Office of Bardsley & Gray on Memorandum in Support of Motion for the Issuance of a Certificate of Appealability Pursuant to F.R.A.P. 22(b) and Loc. R. 22.1 for petitioner., Michael J. Pelgro, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, on Memorandum in Opposition to Petitioner's Motion Under 28 U.S.C.§  2255 for the United States.