Kenneth Miller v. Martin Dragovich the District Attorney of the County of Philadelphia Pa the Attorney General of the Commonwealth of Pennsylvania

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 on October 29, 1986, in the Philadelphia Common Pleas Court of murder in the first degree and possession of an instrument of a crime. The jury subsequently…