United States Third Circuit

Denial of plaintiff's petition for a writ of habeas corpus is affirmed where, even though the Commonwealth failed to raise the statute of limitations defense in the answer to the petition, it had not waived the defense because it was advanced after the Magistrate Judge sua sponte flagged it in her report.

Appellate Information

• Argued 10/26/2004
• Decided 12/29/2004
• Published 12/29/2004

Judges

• BECKER, Circuit Judge., Before SCIRICA, Chief Judge, FISHER and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jeremy A. Mercer, (Argued), Kenneth M. Argentieri, Melissa L. Irr, Maureen E. Geary, Kirkpatrick & Lockhart LLP, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Michael Handler, (Argued), Assistant District Attorney for Appeals and Legal Research, Office of the District Attorney of Indiana County, Indiana, PA, for Appellee.