United States Third Circuit

An untimely application for state post-conviction relief by a petitioner, who sought but was denied application of a statutory exception to the PCRA's time bar, is not "properly filed" under 28 U.S.C. section 2244(d)(2).

Appellate Information

• Argued 12/20/2002
• Decided 04/16/2003
• Published 04/16/2003

Judges

• Before SLOVITER, MCKEE, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jane Elizabeth Lee (Argued), Portland, for Appellant.


• For Appellees:
  
• Robert M. Falin (Argued), Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, for Appellees.