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Federal Habeas Procedure – Appellate – Certificate of Appealability – Erroneous Issuance

Darrell D. Cage v. McCaughtry, 305 F.3d 625 (7th Cir. 2002) 
For Cage: Calvin R. Malone

Issue/Holding: “When we make a mistake and issue a certificate of appealability that specifies an improper ground, counsel for both sides, rather than indulging a fiction of judicial infallibility, should inform us before briefing begins and ask us to amend the certificate, which is within our power because even an ‘unfounded’ certificate of appealability confers jurisdiction on us.”

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