Denial of Certificate of Appealability

In Lopez v. Trani, No. 10-1088, an application for a certificate of appealability to appeal the district court’s denial of petitioner’s 28 U.S.C. section 2254 habeas petition, the court denied the application where 1) the state court’s evidentiary rulings were not so grossly prejudicial that it fatally infected the trial and denied the fundamental fairness that is the essence of due process; and 2) nor would reasonable jurists debate whether the alleged instances of prosecutorial misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.

Related Resources

  • Read the Tenth Circuit’s Decision in Lopez v. Trani, No. 10-1088

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