Abstract
This study examines the Certificate of Appealability (“COA”) granting process in the United States Court of Appeals for the Eleventh Circuit. Using the docket database of Westlaw, the online legal resource, it identifies cases in which the Eleventh Circuit granted or denied COAs between January 1, 2018 and September 30, 2019. It compares the grant rate of the Eleventh Circuit to that of another circuit, the First Circuit, and finds that the Eleventh Circuit’s noncapital COA grant rate (8.44 percent) is far below that of the First Circuit (14.29 percent). The study also explores COA data within the Eleventh Circuit, comparing the rate at which noncapital COAs are granted (8.44 percent) to the rate at which capital ones are (58.3 percent). It also examines the rate at which individual judges in the Eleventh Circuit grant COAs, finding that some judges grant as many as 25.81 percent of the COAs they hear, whereas others grant as few as 2.33 percent.
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