Bruce Lisker, who was accused of killing his mother in 1985, should be sent back to prison because the U.S. 9th Circuit Court of Appeals recently ruled in another case that inmates should not be allowed to file late petitions for release even if they can prove they are innocent, according to the attorney general’s motion filed late Wednesday.
Lisker had missed a federal deadline in which to file his petition but was allowed to pursue the constitutional claims in his case because he met an “actual innocence” exception, the judge had ruled.
U.S. District Court Judge Virginia Phillips overturned Lisker’s conviction in August 2009 after finding that he had been convicted on “false evidence” and that his original attorney did not adequately represent him.
via Bruce Lisker should be sent back to prison, state lawyers say | L.A. NOW | Los Angeles Times.
