Supreme Court of the United States
Lozada v. Deeds
February 19, 1991498 U.S. 430
Summary
The Court held per curiam that the Ninth Circuit erred in denying Lozada a certificate of probable cause to appeal the denial of federal habeas relief. His claim that ineffective assistance deprived him of an appeal made a substantial showing of the denial of a federal right because reasonable jurists could resolve the prejudice question differently from the District Court. The Court reversed and remanded without deciding whether prejudice must be presumed or whether habeas relief was warranted. Chief Justice Rehnquist and Justice O’Connor would have denied certiorari; neither filed a separate opinion.
Holding
- Entitlement to a certificate of probable cause on an ineffective-assistance claim alleging loss of an appeal.. The Court of Appeals erred in denying a certificate because Lozada made a substantial showing that he had been denied effective assistance of counsel.
Docket 90-5393
Cited authorities
- CA10
- 28 U.S.C. § 2253
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