United States Third Circuit

Vacated the denial of a belated habeas petition because there was evidence of actual innocence. The defendant, who had already served eight years of his sentence for robbery and second-degree murder, argued that the lateness of his habeas petition should be excused because of the evidence of actual innocence. The Third Circuit agreed that he had identified evidence that might show actual innocence which was not presented to the jury and therefore vacated and remanded for further proceedings.

Appellate Information

• Published 2018/07/23

Judges

• Shwartz

Court

• United States Third Circuit

Counsel