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MILLER v. DRAGOVICH

No. 00-1465.

311 F.3d 574 (2002)

Kenneth MILLER, Appellant v. Martin DRAGOVICH; the District Attorney of the County of Philadelphia PA; the Attorney General of the Commonwealth of Pennsylvania

United States Court of Appeals, Third Circuit.

Filed November 25, 2002.

Attorney(s) appearing for the Case

Ramy I. Djerassi (argued), Philadelphia, PA, for Appellant.

Robert M. Falin (argued), Assistant District Attorney, Jeffrey M. Krulik, Assistant District Attorney, David Curtis Glebe, Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, for Appellees.

Before ROTH and GREENBERG, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on an appeal from an order entered on April 3, 2000, dismissing appellant Kenneth Miller's petition for habeas corpus under 28 U.S.C. § 2254 on the ground that it was not timely. The circumstances of the case are straightforward. Miller shot and killed Carey McCrae in Philadelphia on August 26, 1984, and as a consequence a jury convicted him...

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