United States Second Circuit

It is error for a district court, in ruling on a petition for habeas relief, to use its discretion to deny an unexhausted claim on the merits when the petitioner has "made a substantial showing of the denial of a constitutional right" sufficient to warrant issuance of a certificate of appealabiltiy under 28 U.S.C. section 2253(c)(2).

Appellate Information

• Decided 02/21/2002
• Published 02/22/2002

Judges

Court

• United States Second Circuit

Counsel