United States Third Circuit

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McAleese v. Brennan, 04-1439

Denial of a habeas petition brought by a prisoner convicted of third-degree murder of his ex-wife as time-barred is affirmed over a primary argument that a parole board's failure to turn over documents opposing petitioner's release, which a district attorney and a judge had submitted to it, tolled the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) to such an extent that the petition was timely.

Appellate Information

  • Submitted 03/16/2007
  • Decided 04/27/2007
  • Published 04/27/2007

Judges

  • Before FUENTES, GREENBERG and LOURIE , Circuit Judges.

Court

  • United States Third Circuit

Counsel

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

  • For Appellees:
  • Thomas W. Corbett, Jr., Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of the Attorney General, Appellate Litigation Section, Harrisburg, PA, Attorneys for Appellees.
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