HELEVA v. BROOKS

No. 07-4118.

581 F.3d 187 (2009)

Daniel Arthur HELEVA, Appellant v. Warden Mrs. M. BROOKS; PA State Attorney General; Monroe County District Attorney.

United States Court of Appeals, Third Circuit.

Filed: September 14, 2009.


Attorney(s) appearing for the Case

J. Nicholas Ranjan (Argued), K & L Gates, Pittsburgh, PA, for Appellant.

James F. Marsh (Argued), Mark S. Matthews, Office of District Attorney, Stroudsburg, PA, for Appellees.

Before FUENTES, CHAGARES, and TASHIMA, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellant Daniel Heleva filed a habeas petition, challenging his state court conviction for first-degree homicide, near the end of the one-year statute of limitations for such petitions—even though he had not yet exhausted his claims in state court as required. Because Heleva feared that he would not have sufficient time left in the limitations period to file the petition in federal court once he had exhausted...

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