Silva-Prentice v. Gray

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
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ROBERT SILVA-PRENTICE, )
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Petitioner, )
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v. )
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DEAN GRAY, ) Civil Action No. 23-CV-11813-AK
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Respondent. )
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__________________________________________)
MEMORANDUM AND ORDER ON CERTIFICATE OF APPEALABILITY
ANGEL KELLEY, D.J.
This is a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The
Court has denied the petition. [Dkt. 29]. Petitioner Robert Silva-Prentice (“Silva-Prentice”) can
only appeal that denial if he receives a certificate of appealability pursuant to 28 U.S.C. § 2253.
For the following reasons, Petitioner’s Motion for a Certificate of Appealability [Dkt. 32] is
GRANTED.
A certificate of appealability will issue only if the petitioner “has made a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). That standard is
satisfied by “demonstrating that jurists of reason could disagree with the district court’s
resolution of [petitioner’s] constitutional claims or that jurists could conclude the issues
presented are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537
U.S. 322, 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
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The Court concludes that jurists of reason could disagree as to the issues raised by Silva-
Prentice in his filing: that it was not objectively reasonable for the Massachusetts Appellate
Court to conclude that the Commonwealth presented constitutionally sufficient evidence to
support his conviction for second-degree murder by joint venture and therefore it was an
unreasonable application of federal law. Accordingly, Petitioner’s Motion for a Certificate of
Appealability [Dkt. 32] is GRANTED.
SO ORDERED.
Dated: January 14, 2026 /s/ Angel Kelley
Hon. Angel Kelley
United States District Judge
Case 1:23-cv-11813-AK Document 37 Filed 01/14/26 Page 2 of 2