United States Third Circuit

Denial of a petition for habeas corpus is affirmed, where: 1) it was undisputed that the petition was filed long after the one-year timeliness period expired; 2) the petitioner did not qualify for tolling exceptions, as his delays were inexcusable, his evidence was not "new," and even if equitable tolling for actual innocence was permitted, the petitioner's proofs of actual innocence fell short.

Appellate Information

• Decided 03/20/2012
• Published 03/20/2012

Judges

• Aldisert

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Teri B. Himebaugh, Molly Selzer Lorber