United States Fourth Circuit

A certificate of appealability (COA) is required for appeals from FRCP rule 60(b) motions in habeas cases; a COA is granted here, and the district court is found to have erred in failing to treat petitioner's motion as a successive habeas application.

Appellate Information

• Decided 05/19/2004
• Published 05/19/2004

Judges

• Before WILKINS, Chief Judge, and WIDENER and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Keith R. Palfin, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant., Steven H. Goldblatt, Director, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant.


• For Appellees:
  
• Jennifer Ransom Franklin, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee., Jerry W. Kilgore, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.