Slack v. McDaniel

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Slack v. McDaniel
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Argued October 4, 1999
Reargued March 29, 2000
Decided April 26, 2000
Full case nameAntonio Slack v. McDaniel, Warden, et al.
Citations 529 U.S. 473 ( more )
120 S. Ct. 1595; 146 L. Ed. 2d 542
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
Majority Kennedy, joined by unanimous court (part I); Rehnquist, O'Connor, Scalia, Thomas, Ginsburg (part II); Rehnquist, Stevens, O'Connor, Souter, Ginsburg, Breyer (parts III, IV)
Concurrence Stevens, joined by Souter, Breyer
Concur/dissent Scalia, joined by Thomas

Slack v. McDaniel, 529 U.S. 473 (2000), was a United States Supreme Court case in which the Court held that under the Antiterrorism and Effective Death Penalty Act of 1996, a certificate of appealability must be issued by a circuit Justice of judge before an appeal can proceed. The certificate of appealability (COA) may only be issued if the applicant "has made a substantial showing of the denial of a constitutional right." [1]

Supreme Court of the United States highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Antiterrorism and Effective Death Penalty Act of 1996

The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of the United States Congress signed into law on April 24, 1996. The bill was introduced by then-Senate Majority Leader Bob Dole and passed with broad bipartisan support by Congress following the 1993 World Trade Center bombing and the 1995 Oklahoma City bombing. It was signed into law by President Bill Clinton.

In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right."

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References

  1. Slack v. McDaniel, 529 U.S. 473, 483 (2000).
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