In so holding, the Appellate Division rejected Facebook's request that the court treat the warrants as civil subpoenas for appealability
Regardless of appealability
, administrative discretion is not and never can be 'complete' because it is always bounded by the requirement that an agency act within the law and not violate constitutional safeguards.
It should also be the only court that is capable of granting certificates of appealability
to second or successive petitions.
This section focuses on area of divergence: (1) differences in the appealability
of examination ratings and (2) differences in the appealability
of MSDs related to enforcement actions.
328) More recently, in March (2015), Judge Beverly Martin of the Eleventh Circuit wrote in dissent that a defendant's claim--that his "mental and emotional age of less than eighteen prohibits his execution"--satisfied the certificate of appealability
standard mandated under federal habeas law.
103) Section 2253(c) provides that the certificate of appealability
(COA) needed for a habeas appeal "shall indicate which specific issue" raised by the petitioner demonstrates a "substantial showing of the denial of a constitutional right.
The appeals court held that the prisoner was not required to seek a certificate of appealability
(COA) before appealing the denial of his petition for habeas relief.
188) Amar, supra note 117, at 806 ("First Amendment concerns could well trigger special Fourth Amendment safeguards--heightened standards of justification prior to searching, immediate (pre-search) appealability
of any proposed search (with the premises sealed to prevent interim destruction of evidence), specially trained nonpartisan marshals or magistrates or masters to carry out the search, and so on.
Statistics are not always impersonal, because factor of appealability
Of the two definitions, the appealability
of claim-specific orders spawns much more confusion and uncertainty.
98) In agreement, the Eleventh Circuit issued a certificate of appealability
Redish, The Pragmatic Approach to Appealability
in the Federal Courts, 75 Colum.