Thursday, July 17, 2014

Habeas Petition Untimely Where Defendant Knew Witness Lied At Time of Trial

Taylor v. Martin, 2014 WL 3057197 (7/8/14) (Okl.) (Published) - Mr. Taylor's § 2254 petition was untimely even though it was filed within one year of his acquisition of a key prosecution witness's affidavit swearing the witness had lied at trial. This was not a newly discovered factual predicate triggering a restart of the statute of limitations under 28 U.S.C. § 2244(d)(1)(D). Mr. Taylor knew the witness was lying when the witness was testifying. He could have pursued his claim without the affidavit. The fact that Mr. Taylor couldn't possibly have succeeded on his claim without the affidavit doesn't seem to disturb the 10th.