White v. Wolcott

Background

On April 22, 2025, the Court adopted Magistrate Judge Cave’s Report and Recommendation and denied Derrick White’s petition for a writ of habeas corpus. The petition raised two sets of claims: claims under the Sixth and Fourteenth Amendments concerning the admission of lineup evidence, and a claim that White received ineffective assistance of counsel. The Court determined that the lineup claims were unexhausted and that the ineffective-assistance claim lacked merit.

Request for a Certificate of Appealability

White sought permission to appeal the denial of his petition. Federal law requires a certificate of appealability before a habeas petitioner may appeal to a federal appeals court. The certificate may issue only when the petitioner makes a substantial showing that a constitutional right was denied. For claims rejected on the merits, the question is whether reasonable judges could debate or disagree with the district court’s assessment. For claims rejected on a procedural ground, the question includes whether reasonable judges could debate both the validity of the constitutional claim and the procedural ruling.

Ruling

The Court stated that it was confident its earlier ruling was correct but concluded that the issues White raised were adequate to deserve further consideration. Judge Ronnie Abrams therefore granted a certificate of appealability with respect to both issues: the lineup claims and the ineffective-assistance claim. The order concerns White’s ability to seek appellate review and does not decide that he is entitled to habeas relief.