Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.
The money quotes—
We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.
We have considered Kimberlin’s remaining arguments, and none has merit.
And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.