Background
Carl William Murdaugh filed a motion under twenty-eight U.S.C. section two thousand two hundred fifty-five seeking relief from his conviction. The district court denied the motion. Murdaugh then sought to appeal that denial.
The court’s reasoning
The court explained that an order denying relief on a section two thousand two hundred fifty-five motion is not appealable unless a circuit justice or judge issues a certificate of appealability. Such a certificate issues only if there is a substantial showing of the denial of a constitutional right. The court noted that when relief is denied on the merits, the prisoner must show that reasonable jurists could find the district court’s assessment debatable or wrong. The court independently reviewed the record and concluded that Murdaugh had not made the requisite showing.
What it means going forward
The dismissal prevents Murdaugh from pursuing further appellate review of his habeas corpus claim in the Fourth Circuit.
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