L.A.R. Misc. 111.3: Review of Direct Criminal Appeals, Petitions for Writs of Habeas Corpus and Motions to Vacate Sentence

(a) In all such cases, the district court must articulate the reasons for its disposition of the case in a written opinion, which must be expeditiously prepared and filed, or by an oral opinion from the bench, which must be promptly transcribed.

(b) The district court must state whether a certificate of appealability is granted or denied at the time a final decision is entered on the merits of a claim seeking relief under 28 U.S.C. § 2254 or 2255. If the district court grants the certificate of appealability, it must state the issues that merit the granting of the certificate and it must also grant a stay pending disposition of the appeal except as provided in 28 U.S.C. § 2262.

(c) The denial of a certificate of appealability by the district court will not delay consideration by this court of a motion for stay or review of the merits. If the court grants a certificate of appealability, it may thereafter affirm, reverse or remand without further briefing under I.O.P. 10.6 or may direct full briefing and oral argument.

Subsection (c) is intended to clarify this court's practice with respect to certificates of appealability in death penalty cases. In accordance with Barefoot v. Estelle, 463 U.S. 880 (1982), the court of appeals may consider, in addition to whether there has been a substantial showing of the denial of a constitutional right, the severity of the sentence in determining whether a certificate of appealability should be issued. Technical changes were made in 1997 to conform to the Antiterrorism and Effective Death Penalty Act.