Monday, January 26, 2015

What is the percentage of criminal cases overturned when a certificate of Appealability is issued

Question

What is the percentage of criminal cases overturned when a certificate of Appealability is issued



Answer

You have asked a question unique to federal litigation.

I would think that the answer varies on the District and the Circuit Court of Appeals.

For Middle Tennessee (Nashville) and its appellate court (the 6th Circuit Court of Appeals, in Ohio), the numbers can probably be received from the respective clerks of the court.

But,

what do you mean by "overturned"?

Do you mean:

The conviction totally reversed and the defendant discharged?

A death sentence reversed and a life sentence imposed instead?

A new trial ordered?

A conviction entered for a lesser offense?

A sentence reduced?



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