POSTVERDICTS LAW LIBRARY
What Is a Certificate of Appealability?
A certificate of appealability, often called a COA, is generally required before a state or federal prisoner may appeal the denial of habeas relief under 28 U.S.C. §§ 2254 or 2255. A judge must identify at least one issue meeting the statutory threshold.
General educational information only. Not legal advice.
Important terms
A substantial showing of the denial of a constitutional right is the statutory COA standard.
When a claim is rejected on the merits, the question is whether reasonable jurists could debate the district court's assessment.
When dismissal rests on procedure, the applicant generally must show that both the procedural ruling and the constitutional claim are debatable.
Why it can matter
Without a COA, the court of appeals ordinarily cannot reach the merits of the habeas appeal.
A COA is a threshold determination, not a ruling that the applicant should ultimately win. It can be limited to specific claims or questions.
Limits to keep in mind
The district court should address a COA when entering a final adverse order, but an applicant may also request one from the court of appeals.
Deadlines for the notice of appeal and any COA request remain important even when the district court denies a certificate.