Baldeo v. United States
- Paul Crotty
- 1:17-cv-01692
- U.S. District Court · Southern District of New York
- 1
In Baldeo v. United States, Judge Crotty declined to issue a certificate of appealability because Baldeo did not make the required constitutional-rights showing.
Albert Jairam Baldeo, whose appeal did not receive a certificate of appealability from the district court.
What happened
In Baldeo v. United States, the court had previously denied Albert Jairam Baldeo’s petition for a special post-conviction writ and related claims. Baldeo appealed that decision.
Baldeo did not ask the district court for a certificate of appealability, which is a document needed for certain appeals. The court nevertheless considered whether to issue one.
Judge Paul A. Crotty declined to issue the certificate because Baldeo had not made a substantial showing that a constitutional right was denied. The court also stated that reasonable judges could not debate whether Baldeo was entitled to the requested relief.
The detailed version
- Baldeo v. United States · No. 1:17-cv-01692
- Paul Crotty
- Dec. 19, 2022
Background
On January 25, 2022, the court issued an opinion and order denying Albert Jairam Baldeo’s petition for a writ of error coram nobis and related claims. A writ of error coram nobis is a post-conviction remedy. Baldeo appealed that order but did not request a certificate of appealability from the district court.
Certificate of Appealability
The court declined to issue a certificate of appealability. A certificate of appealability permits an appeal in certain post-conviction proceedings. To obtain one, a petitioner must make a substantial showing that a constitutional right was denied.
The court found that Baldeo had not made that showing. It also stated that reasonable judges could not debate whether Baldeo was entitled to coram nobis relief.
Disposition
Judge Paul A. Crotty declined to issue a certificate of appealability. This order addressed the certificate request and did not reconsider the court’s earlier denial of Baldeo’s petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.