United States First Circuit

Dismissal of a federal habeas petition as untimely is affirmed where defendant could not claim the benefit of two limitations-extending provisions contained in the Antiterrorism and Effective Death Penalty Act since he failed to show either: 1) that he exercised due diligence to discover a statement that he claims was wrongfully withheld; or 2) that this alleged discovery violation prevented him from learning about, and acting upon, the statement at an earlier date.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA and TASHIMA, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Leslie W. O'Brien for appellant.


• For Appellees:
  
• Eva M. Badway, Assistant Attorney General, Commonwealth of Massachusetts, with whom Martha Coakley, Attorney General, was on brief, for appellee.