References in periodicals archive ?
207 (1984): a thorough exegesis on appealability issues concerning attorney's fees.
30) The Supreme Court has also expressed a fear that immediate appealability of non-final orders may be used as a harassment tool by a litigant seeking to increase the time and cost of litigation at the expense of the opposing party.
The incidence rate on appealability not always shows true level of diseases actual prevalence.
In cases where the claim of appealability is not insubstantial, the court is mindful of the advantage of limiting the use of appellate recourse in response to stay orders, yet keeping the door open for the occasional case reflecting abuse of discretionary authority.
section] 2255 proceeding, the applicant cannot take an appeal unless a circuit justice or a circuit or district judge issues a certificate of appealability under 28 U.
No one has ever raised the question of appealability.
2088 (2005) (denying certificate of appealability to raise breach of the Vienna Convention).
The "certificate of appealability," which can only be issued by a circuit judge, replaced the former "certificate of probable cause to appeal," which could be issued by the district judge who had denied the habeas petition.
Similarly, prisoners seeking an appeal from a federal district court's denial of a petition for writ of habeas corpus must first seek a certificate of appealability from the same court that rejected the claim.
Decisions regarding applications for certificates of appealability,
The Court held that the ineffective assistance of counsel claim must be "substantial" and cited to precedent defining the Certificate of Appealability standard in order to define substantial.