(Download) "Pridgen V. Shannon" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Pridgen V. Shannon
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Following a state court jury trial, James Mario Pridgen ("Pridgen") was convicted of the shooting death of Colin Koulesser and sentenced to life in prison. After exhausting direct appeals and filing an unsuccessful federal habeas petition, Pridgen filed a Federal Rule of Civil Procedure 60(b) motion seeking "Relief From Judgment or Order," based on newly discovered evidence. The new evidence consisted of two affidavits of witnesses who, according to Pridgen, were present at the scene of the shooting and could refute the testimony of the state's key witness. The principal issue we must determine is whether a Rule 60(b) motion by a state prisoner, who previously filed an unsuccessful habeas petition, should be regarded as an unauthorized successive habeas petition. We conclude in this case that the District Court correctly dismissed those claims in Pridgen's Rule 60(b) motion which sought to invalidate his underlying state conviction because they constituted the equivalent of a second habeas petition. We also affirm the District Court's denial of the remaining portion of his motion, though on different grounds.*fn1
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