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HUNTER v. U.S.

Nos. 96-6513, 96-6770.

101 F.3d 1565 (1996)

Charles Edward HUNTER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Henry C. BAILEY, Petitioner-Appellant, v. John E. NAGLE, Warden, Jeff Sessions, Attorney General for the State of Alabama, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 10, 1996.

Attorney(s) appearing for the Case

G. Douglas Jones, Birmingham, AL, for Charles Edward Hunter.

Caryl Privett, Frank M. Salter, U.S. Attorney's Office, Birmingham, AL, David Kris, U.S. Department, Washington, DC, for U.S.

William R. King, Federal Public Defender, Middle District of Alabama Federal Defender Program, Inc., Montgomery, AL, for Henry C. Bailey.

Norbert Hershael Williams, Stephen N. Dodd, Office of the Attorney General, Montgomery, AL, for John E. Nagle and Jeff Sessions.

Before HATCHETT, Chief Judge, and TJOFLAT, KRAVITCH, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

CARNES, Circuit Judge:

We heard these cases en banc to decide whether a district court judge is authorized to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214. We answer that question in the affirmative. We also decide that the AEDPA amendments to § 2253(c) and Rule 22(b)...

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