The Post-Conviction Process. Part Four - Federal "Certificates of Appealability":

In our last entry, we briefly touched upon what happens if the judge denies a post-conviction claim:  Another round of appeals if the case was filed in Missouri or Kansas state court.  But if the case instead was initiated in a federal district court, an application for a "certificate of appealability," or "COA," must be made. 

The application takes the form of a motion filed in the federal district court, followed by a brief filed in the U.S. Court of Appeals.  In the motion and the brief, the inmate or his lawyer must argue that there has been the denial of a federal constitutional right, and the issue is at least "debatable" between judges.  This is known as the "reasonable jurists test."  While this sounds like an easy threshold to cross - and it was designed by the U.S. Supreme Court to be a very slight and modest burden - federal appellate courts instead have turned the test on its head, making it, statistically speaking, the single hardest burden to satisfy in federal appellate practice.  For example, between April, 1996 and July 1, 2014, the Fourth Circuit Court of Appeals was presented with 7,541 "COA" applications, but granted only 22.  That is a rejection rate of a staggering 99.75%.  The other eleven federal circuits are no less welcoming of COA applications.

That said, the fight must continue to turn this injustice around, and force courts back to applying the "reasonable jurists" test properly.  (Last summer, I raised a challenge in the U.S. Supreme Court against the way that the federal appeals courts have been misapplying the "reasonable jurists test," and I will continue fighting this process until there is finally a breakthrough.)

If you have a friend or family member fighting the battle for post-conviction relief, or if you are a lawyer trying to surmount the hurdle in the way of receiving a COA, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.