Heleva v. Brooks
Court of Appeals for the Third Circuit
1Opinion of the Court
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 his claims, he instead filed a motion to stay the petition until he could fulfill the exhaustion requirement. The District Court denied the…
2Cases cited8 opinions
- Rose v. LundySupreme Court of the United States · 1982
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- Rhines v. WeberSupreme Court of the United States · 2005
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- Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
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3Cited by84 opinions
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