119) Cases interpreting the latter limitations to be jurisdictional had no bearing on a certificate of appealability
While the Fifth Circuit was considering his application for a certificate of appealability
, the ICJ issued its decision in Case Concerning Avena and Other Mexican Nationals (Mexico v.
2005) (dismissing Cobb's petition for a certificate of appealability
as moot because the petition challenged only Cobb's sentence, and "Governor Perry has granted him the relief that he requested").
The Agency argues that Congress' awareness of the one-way appealability
rule when it made compensatory damages available in the Civil Rights Act of 1991 means Congress, in conditioning the waiver of sovereign immunity on an agency having a right to a jury trial, must have recognized that an agency would be unable to exercise its right to a jury trial if compensatory damages were awarded in the administrative process.
395 (1987): a good discussion of removal-remand appealability
section] 7513(d) as to appealability
under [section] 7701.
172) The district court did, however, grant Patterson a certificate of appealability
("COA") on the issues of his competence to stand trial and ineffectiveness of counsel at the guilt-innocent and sentencing phases of the trial.
Then, Gilles asked, "if more and more arbitrators say 'let's do a class arbitration'--which it's in their self-interest to do, because they make tons of money with these classes--will companies decide that it's one thing to decide in court with the rules of evidence and appealability
, and it's a whole other thing to do it in this private, slightly crazy world where the rules of evidence don't apply?
Traditionally, finality was linked to appealability
, such that "finality was identified for purposes of preclusion in much the same way as it was identified for purposes of appeal.
To the contrary, Sylvester did not address the appealability
of the bonding order because its decision only required the district court to reconsider the amount of the bond on remand.
The labyrinth of disputed procedural issues in Medellin includes the standards under the habeas statute for granting a certificate of appealability
(COA) and whether the Court should stay or dismiss the case in light of the President's memorandum.
LEGAL COMMENTARY: The court first addressed the plaintiffs argument that TUH's appeal was not properly before the court because "the question of appealability
implicates the jurisdiction of the court.
Although Yohn granted the defense a certification of appealability
on the jury selection issue, Abu-Jamal's attorneys for at least eight months failed to notice the errors and have yet to file any appeal based upon them.
The district court denied the motion and dismissed the habeas petition, but issued a certificate of appealability
One court has noted that "a default judgment is in fact a final judgment for purposes of appealability