The most promising method to alter the rules of
appealability for denials of motions to dismiss for FNC is through direct Supreme Court action.
can sometimes lead to a constitutional decision that is effectively insulated from review."); see also Jeffries, supra note 29, at 127 ("[T]he most serious problem [with two-step sequencing] concerns
appealability. The defendant who loses on the merits but prevails on qualified immunity may face difficulty securing appellate review.").
The district court denied Hartfield's petition, reasoning that federal courts do not reach the merits of speedy-trial claims on pretrial habeas review absent "special circumstances." However, the court issued Hartfield a certificate of
appealability as to whether "special circumstances" are present in this case.
In so holding, the Appellate Division rejected Facebook's request that the court treat the warrants as civil subpoenas for
appealability purposes.
Regardless of
appealability, administrative discretion is not and never can be 'complete' because it is always bounded by the requirement that an agency act within the law and not violate constitutional safeguards."
Virginia the Supreme Court cited the dissenting justices of the Virginia Supreme Court, who had written that "the imposition of the sentence of death upon a defendant who has a mental age of a child of 9-12 is excessive" and "incredulous as a matter of law." (328) More recently, in March (2015), Judge Beverly Martin of the Eleventh Circuit wrote in dissent that a defendant's claim--that his "mental and emotional age of less than eighteen prohibits his execution"--satisfied the certificate of
appealability standard mandated under federal habeas law.
In Thaler, the Court considered whether the requirement that a certificate of
appealability (COA) indicate the issue on which an appellant had shown the denial of a constitutional right was jurisdictional.
The appeals court held that the prisoner was not required to seek a certificate of
appealability (COA) before appealing the denial of his petition for habeas relief.
Kachanova, "Dynamics and structure of emergency medical aid
appealability of the child population with the allergic disease in the Khabarovsk territory," Health Care of the Far East, vol.
"Statistics are not always impersonal, because factor of
appealability exists.
Of the two definitions, the
appealability of claim-specific orders spawns much more confusion and uncertainty.
(98) In agreement, the Eleventh Circuit issued a certificate of
appealability. (99)
