McCANTS v. ALVES

No. 22-1206.

67 F.4th 47 (2023)

Owen McCANTS, Petitioner, Appellant, v. Nelson ALVES, Superintendent of MCI Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

May 9, 2023.


Attorney(s) appearing for the Case

Judith H. Mizner for appellant.

Tara Lyn Johnston , Assistant Attorney General of Massachusetts, Criminal Bureau, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for appellee.

Before Kayatta, Lynch, and Howard, Circuit Judges.


Owen McCants filed a petition for habeas relief alleging that he is actually innocent of some of the crimes that formed the necessary predicate for his subsequent conviction and life sentence in Massachusetts state prison as a habitual offender. The district court dismissed his petition, concluding that it was time-barred...

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