· 8/29/2005
Brian Daniels, AKA Brian Triplett v. Alan M. Uchtman
Citations
- 421 F.3d 490
- 2005 U.S. App. LEXIS 18586
- 2005 WL 2063966
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that when the facts pertinent to a petitioner’s Brady claim could in the exercise of due diligence have been discovered at an earlier date, that date marks the commencement of the AEDPA limitations period
- noting that information supporting petitioner’s Brady claim could have been discovered more than one year prior to petitioner’s filing of his federal habeas petition
- noting that information supporting petitioner’s Brady claim could have been discovered more than one year prior to petitioner’s filing of his federal habeas petition
- noting that information supporting petitioner’s Brady claim could have been discovered more than one year prior to petitioner’s filing of his federal habeas petition
- finding that the factual predicate of inmate’s due process claim occurred when witness executed affidavit recanting his trial testimony, and statute of limitations accrued on that date under § 2244(d)(1)(D)
- factual predicate for timeliness purposes was date the prosecution’s witness executed affidavit recanting trial testimony
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Ripple, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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