Legal Opinion
Anthony Fielder v. Benjamin Varner the District Attorney of County of Philadelphia Attorney General of the State of Pennsylvania
Court of Appeals for the Third Circuit
Decided August 9, 2004No. 01-1463PublishedCited by 189 opinions
1Opinion of the Court
ALITO, Circuit Judge.
Anthony Fielder, a state prisoner serving a life sentence, appeals the dismissal of his application for a writ of habeas corpus. The District Court approved and adopted the report and recommendation of a Magistrate Judge who concluded that Fielder’s petition in its entirety was untimely under 28 U.S.C. § 2244(d)(1). We hold that one of Fielder’s claims (his claim of prosecuto-rial misconduct) was untimely and that his other claim (which sought a new trial based on newly discovered evidence) is not cognizable under the federal habeas statute. We therefore affirm the order…
2Cases cited15 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Herrera v. CollinsSupreme Court of the United States · 1993
- Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
- Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2002
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3Cited by189 opinions
- Alfred Albrecht, Sr., in No. 04-9006 v. Martin Horn, Commissioner, Pennsylvania Department of Corrections, in No. 04-9005Court of Appeals for the Third Circuit · 2007
- David Munchinski v. Harry WilsonCourt of Appeals for the Third Circuit · 2012
- Destinni Mardesich v. Matthew CateCourt of Appeals for the Ninth Circuit · 2012
- Steven G. Slutzker in No. 03-4219 v. Philip Johnson Gerald J. Pappert Stephen A. Zappala, Jr., District Attorney, Allegheny County, Pa, in No. 03-4046Court of Appeals for the Third Circuit · 2004
- Ex parte FournierCourt of Criminal Appeals of Texas · 2015
184 more not listed; retrieve them via the Exa API.