Abder Salim v. Stephen Kennedy, Superintendent, Old Colony Correctional Center
DueProcess HabeasCorpus
Should the lateness of the habeas petition be excused due to the petitioner's mental health issues and the DNA evidence?
QUESTIONS PRESENTED: 1.) Given that petitioner is from Palestine, His English ° has alwavs been poor, his second language is Spanish,, | his history with mental health in years leading up to the arrest, his recent diagnosis having profound dementia, Shouldn't his lateness in filing habeas petition based upon the 2005 DNA test of blood under the victim's fingernails be excused— especially since contrary to the prosecution in summation that it was your petitioner's blood, the 2005 test establishes concretely that it Was not his DNA? 2.) Based upon his (your petitioner's) established mental impairment, shouldn't his being unaware of his . ‘ previous habeas petition (from 1989) and thus his helper's . failure to properly move the First Circuit for leave to : file successive petition be excused? Respondent did not produce the previous petition, and the disposition was not published on the prison law library computer. : When he filed his appeal to First Circuit Court of Appeals he did contemporaneously file motion for leave to file : successive petition. 3.) Was it error for the Court of Appeals for the First Circuit to refuse to consider the March 2022 medical report of Dr. Nichole Mushero diagnosing petitioner with . dementia for the limited inquiry of tolling the filing time . for hebeas corpus where respondent (superintendent of prison) . and his staff prevented it from being discovered any earlier? ‘ A Dots List of All Parties: ro Abder Salim Pro se . Inmate Number W38284 , Old Colony Correction Center One Administration Rd Bridgewater, MA 02324 Petitioner ; Stephen Kennedy Respondent/ Superintendent Old Colony Correction Center One Administration Rd Bridgewater, MA 02324 Todd Blume Assistant Attorney General for Massachusetts Counsel for Respondent Office of the Massachusetts Attorney General . Criminal Bureau . One Ashburton Place Boston, MA 02108 roo 9 .