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Lopez v. Trani, No. 10-1088

By FindLaw Staff on December 06, 2010 5:47 PM

Denial of Certificate of Appealability

In Lopez v. Trani, No. 10-1088, an application for a certificate of appealability to appeal the district court's denial of petitioner's 28 U.S.C. section 2254 habeas petition, the court denied the application where 1) the state court's evidentiary rulings were not so grossly prejudicial that it fatally infected the trial and denied the fundamental fairness that is the essence of due process; and 2) nor would reasonable jurists debate whether the alleged instances of prosecutorial misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.

As the court wrote:  "Petitioner, a Colorado state prisoner, seeks a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 habeas petition.  After a jury trial, Petitioner was convicted on rape charges and sentenced to a lengthy term of imprisonment.  Following unsuccessful efforts to challenge his conviction and sentence in the state courts, he filed his federal habeas petition, which raised twenty-four claims for relief."

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