Arnold v. Dittmann
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Rovner, Circuit Judge.
Richard M. Arnold appeals the district court's order dismissing as untimely his petition for a writ of habeas corpus. There is no dispute that Arnold's petition was filed beyond the one-year deadline established by 28 U.S.C. § 2244(d)(1), but Arnold alleges that his actual innocence of the crime for which he was convicted-repeated sexual assault of a child-supports an equitable exception to the time limit and allows his late petition. See McQuiggin v. Perkins , 569 U.S. 383, 133 S.Ct. 1924, 185 L.Ed.2d 1019 (2013). He relies on the recantation affidavit of the key…
2Cases cited26 opinions
- Estelle v. McGuireSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- Herrera v. CollinsSupreme Court of the United States · 1993
- House v. BellSupreme Court of the United States · 2006
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