In a significant legal victory for convicts who turn to the federal courts to challenge their state court convictions, the 3rd U.S. Circuit Court of Appeals has ruled that any statute of limitations defense asserted by the prosecution must be raised “at the earliest practicable moment” and will be deemed waived if it is brought too late.
“Parties are generally required to assert affirmative defenses early in litigation, so they may be ruled upon, prejudice may be avoided, and judicial resources may be conserved. Habeas proceedings are no exception,” U.S. Circuit Judge Richard L. Nygaard wrote in Robinson v. Johnson.
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