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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.