Bowe v. United States · ¶48

Contrary to the dissent’s framing, Hohn v. United States, 524 U. S. 236 (1998), does not support a different conclusion. That case concerned whether the Court had jurisdiction over a decision by a three-judge panel to deny a prisoner a certificate of appealability under §2253(c), and held that the Court does have such jurisdiction. Id., at 253. Section 2253(c) applies to federal and state prisoners and dictates that, before an individual can appeal from a district court’s denial of a habeas petition, he must secure permission from “a circuit justice or judge.” Court-appointed amicus in Hohn argued that the decision denying permission was not a “case” in the Court of Appeals for the purposes of this Court’s jurisdiction under §1254(1). The Court rejected that construction, however, in part because it would have rendered §2244(b)(3)(E) (which the Court suggested was a requirement for…

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