Vreeland v. Zupan, No. 16-1503 (10th Cir. 2018)Annotate this Case
Delmart Vreeland II applied for habeas relief in federal district court, alleging in relevant part that the state trial court violated his Sixth Amendment right to counsel and his Fourteenth Amendment right to due process. The district court rejected both claims and declined to issue a certificate of appealability (COA). Vreeland later obtained a COA from the Tenth Circuit Court of Appeals to challenge the district court’s resolution of his Sixth Amendment claim. Pursuant to that COA, he argued the district court erred in denying him relief. Vreeland asked for another COA so he could appeal the district court’s denial of his due-process claim. The Tenth Circuit agreed with the district court that Vreeland failed to demonstrate the state appellate court’s resolution of his Sixth Amendment claim satisfied 28 U.S.C. 2254(d): Vreeland failed to show that the state appellate court’s decision: (1) “was contrary to, or involved an unreasonable application of, clearly established [f]ederal law” or (2) “was based on an unreasonable determination of the facts.” Thus, the Tenth Circuit affirmed the district court to the extent it denied relief on Sixth Amendment grounds. The Tenth Circuit further concluded reasonable jurists wouldn’t find the district court’s resolution of Vreeland’s due-process claim debatable or wrong, and denied his request for a COA on that claim.