Arthur v. Haley, 01-12210
Citation | 248 F.3d 1302 |
Decision Date | 26 April 2001 |
Docket Number | No. 01-12210,01-12210 |
Parties | (11th Cir. 2001) THOMAS D. ARTHUR, Petitioner-Appellee, v. MICHAEL HALEY, Commissioner, Alabama Department of Corrections, Respondent-Appellant |
Court | U.S. Court of Appeals — Eleventh Circuit |
Appeal from the United States District Court for the Northern District of Alabama D. C. Docket No. 01-00983-CV-N-S
Before BIRCH, BLACK and BARKETT, Circuit Judges.
Respondent has filed a motion to vacate the stay of execution entered by the district court. The grounds on which the stay was granted include a threshold jurisdictional question under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), the resolution of which may require an evidentiary hearing. See Dist. Ct. Order at 15 () . Under these circumstances, we do not find that the district court has abused its discretion. See Hauser v. Moore, 223 F.3d 1316, 1321 (11th Cir.), cert. dismissed, 530 U.S. 1293, 121 S. Ct. 14 (2000). Accordingly, the motion to vacate or dissolve the stay is DENIED.1
1. While neither party has raised the issue of whether we have subject matter jurisdiction over this case, we are obliged to address the issue sua sponte. See Rembert v. Apfel, 213 F.3d 1331, 1333-34 (11th Cir. 2000) (). Appeals from decisions in habeas corpus cases, whether filed pursuant to 28 U.S.C. 2255 (for federal prisoners) or 2254 (for state prisoners), are governed by 28 U.S.C. 2253. Section 2253(c)(1) provides that an appeal may only be taken from a final order in a habeas corpus proceeding if a Certificate of Appealability ("COA") has been issued.
The question thus presented is whether the state is required to obtain a COA before appealing, and if so, whether a COA is required on interlocutory appeal. Prior to the passage of AEDPA, 2253 required that a petitioner for habeas relief obtain a certificate of probable cause ("CPC"). Under that provision, this circuit held "that it is not necessary for a state or its representative to obtain a [CPC] in order to take an appeal to the Court of Appeals from a final order granting a writ." State v. Graves, 352 F.2d 514, 515 (5th Cir. 1965) (per curiam). Subseque...
To continue reading
Request your trial-
Granda v. United States, 17-15194
...of whether we have subject matter jurisdiction over this case, we are obliged to address the issue" sua sponte. Arthur v. Haley, 248 F.3d 1302, 1303 n.1 (11th Cir. 2001). Because this is Granda's second § 2255 petition, he properly asked this Court for certification to file it. We authorize......
-
Arthur v. Allen, No. 03-14304.
...6. In the appeal from the order granting a stay of execution, Arthur was represented by attorneys Levine and Bryan A. Stevenson. Arthur XI, 248 F.3d at 1302. 7. The district court granted attorneys Suhana S. Han and Theresa Marie Trzaskoma admission pro hac vice, and they joined Levine in t......
-
Arthur v. King
...of habeas corpus. The district court granted a stay of execution. We denied a motion to vacate the stay, Arthur v. Haley, 248 F.3d 1302, 1303 (11th Cir.2001) (per curiam) ("Arthur XI"), and the Supreme Court denied an application to vacate the stay of execution of sentence of death. Haley v......
-
Magwood v. Warden, Comm'r, Alabama Dep't of Corr.
...appeal as of right a grant of habeas relief by the district court and a certificate of appealability is not needed. Arthur v. Haley, 248 F.3d 1302, 1303 n. 1 (11th Cir.2001). 2. The district court also granted relief on Magwood's claim his counsel was ineffective during resentencing because......