United States Ninth Circuit

Denied a California state prisoner's request for a certificate of appealability to appeal the denial of his motion for relief from a judgment under Federal Rule of Civil Procedure 60(d)(3). The prisoner contended that the prosecutor had committed fraud upon the court by making false sworn statements during federal habeas proceedings. On a question of first impression in the circuit, the Ninth Circuit held that a certificate of appealability is required in this situation.

Appellate Information

• Published 2018/10/10

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel