Kramer V. Kemna - United States Court of Appeals for the Eighth Circuit

Kramer V. Kemna

By United States Court of Appeals for the Eighth Circuit

  • Release Date - Published: 1994-04-13
  • Book Genre: Law
  • Author: United States Court of Appeals for the Eighth Circuit
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Kramer V. Kemna United States Court of Appeals for the Eighth Circuit read online review & book description:

Oscar E. Kramer, Jr., filed a petition for a writ of habeas corpus with the United States Court for the Eastern District of Missouri after a Missouri appeals court refused to overturn his conviction for theft by deceit. The district court denied the petition, and this appeal followed. At issue is whether the fact that a petition is filed in good faith is a sufficient basis for the issuance of a certificate of probable cause, and if not, whether a certificate of probable cause may be properly issued in this case. We hold that the standard for issuing such a certificate is higher than the one applied, and also hold that the circumstances of this case do not permit one to be issued under the proper standard. We therefore quash the certificate of probable cause and dismiss the petition.

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