United States DC Circuit

Courts of the District of Columbia are state courts for purposes of 28 U.S.C. Section 2253(c)(1)(A), and a prisoner convicted in a DC court must obtain a certificate of appealability (COA) by making "a substantial showing of the denial of a constitutional right," 28 U.S.C. s 2253(c)(2), however a defendant who alleges revocation of parole based on noncriminal behavior has not meet the statute's requirements for obtaining a COA.

Appellate Information

• Decided 01/25/2002
• Published 01/25/2002

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• A. J. Kramer, Federal Public Defender, appointed by the court, argued the cause and filed the briefs as amicus curiae for appellant., Ronald L. Madley, appearing pro se, was on the brief for appellant.


• For Appellees:
  
• David B. Goodhand, Assistant U.S. Attorney, argued the cause and filed the brief for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher and Robert D. Okun, Assistant U.S. Attorneys.