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Judges of the 3rd Circuit have split sharply on a pair of habeas corpus petitions that raise fundamental questions about trial judges' power to raise a statute of limitations defense. In holding that judges may exercise their discretion to raise a statute of limitations issue sua sponte "at any point in the proceedings" -- even if prosecutors have waived the defense -- the 3rd Circuit decision solidifies a circuit split and makes it more likely that the issue will be addressed by the U.S. Supreme Court.
May 18, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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