Legal Opinion

Brian Daniels, AKA Brian Triplett v. Alan M. Uchtman

Court of Appeals for the Seventh Circuit

Decided August 29, 2005No. 04-2574PublishedCited by 22 opinions

1Opinion of the Court

BAUER, Circuit Judge.

In 1984, Brian Daniels was convicted of murder and sentenced to 30 years in prison. Fifteen years later, the primary eyewitness for the prosecution recanted his testimony. Furthermore, Daniels learned that the witness was facing a juvenile bur glary charge at the time of his testimony, which the prosecution failed to disclose. Based on these new developments, Daniels unsuccessfully sought post-conviction relief in state court, then filed a petition for writ of habeas corpus in federal court. The district court dismissed the petition as untimely under 28 U.S.C. §…

2Cases cited2 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2005
  2. Brian Dennis Shannon v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2005

3Cited by22 opinions

  1. Jeffrey Ford v. Fernando GonzalezCourt of Appeals for the Ninth Circuit · 2012
  2. Starns v. AndrewsCourt of Appeals for the Fifth Circuit · 2008
  3. Wood v. SpencerCourt of Appeals for the First Circuit · 2007
  4. Lo v. EndicottCourt of Appeals for the Seventh Circuit · 2007
  5. Nicholas Escamilla v. Eugene Jungwirth, Warden, East Moline Correctional CenterCourt of Appeals for the Seventh Circuit · 2005

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