United States Second Circuit

A district court judgment denying a 28 U.S.C. section 2254 petition as time-barred is vacated and remanded for decision as a matter of fact whether petitioner has presented a credible claim of actual innocence.

Appellate Information

• Decided 01/17/2003
• Published 01/17/2003

Judges

• CALABRESI, Circuit Judge., Before:  FEINBERG, MESKILL, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Calvin Whitley, Dannemora, N.Y., pro se.


• For Appellees:
  
• Cynthia J. Pree, Bronx County District Attorney's Office, Bronx, N.Y., for Respondent-Appellee.