Can a federal habeas petition be amended to add a claim that would be untimely?

If a federal habeas petition is amended to add a claim that would be untimely, the petitioner may still be able to add the claim "if the new claim shares a 'common core of operative facts' with the claims in the pending petition." King, 564 F.3d at 1141 (quoting Mayle, 545 U.S. at 659). A new claim will not be found to "'relate back' to the filing of an exhausted petition simply because it arises from 'the same trial, conviction, or sentence.'" Id. (quoting Mayle, 545 U.S. at 662-64). Further, a claim does not relate back if "it asserts a new ground for relief supported by facts that differ in both time and type from those the original pleading set forth." Mayle, 545 U.S. at 650 (holding that a claim that challenges a pretrial event and a claim that challenges a trial event do not arise from a common core of operative facts); see also Schneider v.

Page 5