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HENRY v. DEPARTMENT OF CORRECTIONS

No. 98-5089.

197 F.3d 1361 (1999)

Shawn Marcus HENRY, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Michael W. Moore, as Director, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 15, 1999.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Defender, Helen C. Trainor (Appointed by Appeals Court), Asst. Fed. Pub. Defender, Miami, FL, for Henry.

Roberta Goodman Mandel, Miami, FL, for Respondents-Appellees.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and PROPST, Senior District Judge.

COX, Circuit Judge:

Shawn Marcus Henry seeks a certificate of appealability (COA) as mandated by 28 U.S.C. § 2253(c) to appeal the district court's denial of his 28 U.S.C. § 2254 petition. Henry's petition requires us to determine the proper standard for granting a COA when, as was the case here, the district court disposes of a petition on procedural grounds.

I. Procedural History

Henry was accused of entering the apartment of an acquaintance...

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