Sistrunk v. Rozum, 2012 U.S. App. LEXIS 5742

Sistrunk was convicted of murdering Moody in 1995 and sentenced to life imprisonment with concurrent terms.
Key witness Gregory Anderson testified at a hearing; Anderson later disappeared and purported perjury issues arose.
Sistrunk pursued PCRA petitions in 1997, 2002, and 2006 alleging ineffective counsel and newly discovered evidence.
In 2009 the district court dismissed the federal habeas petition as time-barred; COA was granted on timeliness issues.
Sistrunk filed his federal petition December 22, 2006; petition relies on AEDPA tolling, new-evidence theories, and actual-innocence arguments.
This Third Circuit affirmatively held the petition untimely and not subject to tolling, and rejected actual-innocence tolling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the petition was timely under AEDPA.	Sistrunk seeks tolling under §2244(d)(2) and new-evidence/innocence theories.	Evidence not newly discovered and tolling unavailable; petition untimely.	Petition time-barred; tolling rejected.
Whether the Anderson letter constitutes newly discovered evidence tolling.	Anderson letter reveals new facts; restarts limitations.	Facts were known long before; not new evidence.	Not newly discovered evidence; tolling not available.
Whether equitable tolling for actual innocence applies.	Actual innocence could toll the period.	Evidence does not prove actual innocence under Schlup.	No equitable tolling for actual innocence; Schlup factors unmet.

Napue v. Illinois, 360 U.S. 264 (1959) (conviction obtained by known false testimony violates due process)
Schlup v. Delo, 513 U.S. 298 (1995) (actual innocence standard for federal habeas relief)
Pace v. DiGuglielmo, 544 U.S. 408 (2005) (equitable tolling requires diligence and extraordinary circumstances)
Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling requires diligence and extraordinary circumstances)
Williams v. Taylor, 529 U.S. 362 (2000) (AEDPA deference standard for state-court decisions)