Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
Where defendant had pleaded guilty to felony murder under the misapprehension that he was eligible for the death penalty, and he procedurally defaulted in state court by failing to raise his challenge to his sentence within five years, under N.J.R. 3:22-12, the District Court misconstrued the scope of the actual-innocence exception � the touchstone of the actual-innocence inquiry is innocence of the sentence actually imposed, not innocence of a sentence for which the petitioner was merely eligible.
January 10, 2005 at 12:00 AM
1 minute read
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