The former Penn State assistant football coach claims infective counsel in his latest appeal of his conviction and 30- to 60-year sentence in the child sex case.
WILLIAMSPORT — The latest appeal of convicted child molester and former Penn State assistant football coach Jerry Sandusky remains alive but paused.The judge agreed with Magistrate Judge Joseph F. Saporito Jr. that he did not have jurisdiction because an inmate may not file a federal habeas corpus petition until there is a final judgment.
A defendant has one year from the conclusion of the state post-conviction process to file a habeas petition. Sandusky’s state court sentence is not final because of the restitution issue. It is not clear if the sentence imposed following the resolution of the restitution issue will constitute a new judgment as to his term of imprisonment, he wrote.
Sandusky, 78, who maintains he is innocent, was resentenced in 2019 to 30 to 60 years in prison on 45 child sex charges.
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