United States Third Circuit

Dismissal of defendant's application for writ of habeas corpus is affirmed where his claim for prosecutorial misconduct was untimely and his claim for a new trial based on newly discovered evidence is not cognizable under the federal habeas statute.

Appellate Information

• Argued 01/12/2004
• Decided 08/09/2004
• Published 08/09/2004

Judges

• ALITO, Circuit Judge., Before ALITO, CHERTOFF, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• J. Scott O'Keefe (argued), Philadelphia, for Appellant.


• For Appellees:
  
• David C. Glebe (argued), Thomas W. Dolgenos, Robert M. Falin, Office of the District Attorney, Philadelphia, for Appellee.