Review and Vacatur of Certificates of Appealability Issued After the Denial of Habeas Corpus Petitions

After a criminal defendant has been convicted and sentenced, and has exhausted his appeals, he may challenge his detention by applying for a writ of habeas corpus in federal district court. In his application, the prisoner may allege that his conviction and subsequent incarceration violated federal

law or the Constitution.1 If the district court determines that the prisoner's conviction violated the Constitution or federal statute, the court may grant the writ and order the prisoner's release.2 However, if the district court denies a prisoner's application, the prisoner may appeal the denial only if he receives a certificate of appealability (COA) from the district court or the circuit court.3 The standard the court uses to determine whether a COA should issue is set forth by the Antiterrorism and Effective Death Penalty Act of 1996(4) (AEDPA). First, AEDPA requires that the prisoner make a substantial showing of the denial of a constitutional right in order to receive a certificate.5 Thus, under AEDPA, a prisoner may not appeal the denial of a habeas petition that raises only statutory issues but no constitutional issues. Second, AEDPA requires the issuing court to specify individual claims raised by the prisoner that meet the substantial showing standard.6