United States Ninth Circuit

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Payton v. Davis, 17-55054

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

  • Decided
  • Published 2018/10/10


  • Tallman


  • United States Ninth Circuit


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