United States Third Circuit

Defendant's conviction of murder is affirmed where the district court properly rejected defendant's attempt to use the claim of actual innocence to reopen review of his procedurally defaulted claims, as it is insufficiently strong to overcome the state's interests in actual finality.

Appellate Information

• Argued 05/05/2004
• Decided 08/05/2004
• Published 08/05/2004

Judges

• Before SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Gibbons (Argued), Toms River, NJ, for Appellant.


• For Appellees:
  
• Peter C. Harvey, Attorney General of New Jersey, Trenton, Linda K. Danielson (Argued), Deputy Attorney General, Of Counsel and on Brief, Division of Criminal Justice, Appellate Bureau, Trenton, NJ, for Appellees.