Wilkerson v. Superintendent — habeas — reversal — Krause

Just last week I wrote,

Third Circuit reversals in habeas corpus cases are mighty rare. It happened yesterday, but it was a reversal of a district court order that had granted relief. Discouraging times for habeas petitioners.

Today it happened again. The Third Circuit reversed a district court order granting habeas relief on a double-jeopardy claim. The court also affirmed denial of an Apprendi claim, holding that the claim was time-barred. The opinion did hold that the double-jeopardy claim was exhausted even the petitioner raised only the analogous state-law claim in state court.

Joining Krause were Hardiman and Stengel EDPA by designation (an unusual situation where a district judge reviews the decision of a district colleague). Arguing counsel were Maria Pulzetti of the federal defender for the petitioner and Max Kaufman of the Philadelphia DA’s office for the state.