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Showing posts from July, 2017

Jurisdiction for revocation of supervised release where revocation also imposed in other District on concurrent case and local Probation Office was not supervising releasee

In United States v. Johnson, 2017 WL 2819210 (June 30, 2017), http://www2.ca3.uscourts.gov/opinarch/163268p.pdf, the Third Circuit rejected two jurisdictional challenges to a revocation proceeding in one District where the defendant was also concurrently supervised and revoked in another District. For separate federal offenses in the Middle District of Florida and Virgin Islands, Johnson was serving two concurrent terms of supervised release. He was living in and supervised by the Middle District of Florida and had no contact with the Probation Office in the Virgin Islands. He committed a new offense in Florida and the Middle District revoked his supervised release. Johnson challenged revocation proceedings in the Virgin Islands. The Third Circuit found that the Virgin Islands maintained jurisdiction. It joined the Second and Fifth Circuits in finding that concurrent terms of supervised release do not merge: the term of supervised release in the Virgin Islands was not constructively d…

Remand for evidentiary hearing on trial counsel's ineffectiveness regarding co-defendant's statements to a psychiatrist being used for their truth against defendant

In Lambert v. Warden, 2017 WL 2784960 (June 28, 2017), http://www2.ca3.uscourts.gov/opinarch/161209p.pdf, the Third Circuit held that an error by a habeas petitioner’s post-conviction counsel excused the procedural default of his claim that trial counsel was ineffective, seeMartinez v. Ryan, 132 S.Ct. 1309 (2012), and remanded for an evidentiary hearing. This case proceeded through trial in Pennsylvania, direct appeal, habeas petition in Pennsylvania (PCR), habeas petition in federal court under 28 U.S.C. § 2254, and was before the Third Circuit on a certificate of appealability. Thus, federal review of state court determinations was examined under AEDPA’s “deferential standard of review.”

The Third Circuit remanded for an evidentiary hearing on trial counsel’s ineffectiveness on not asking for a limiting instruction to protect Lambert’s Confrontation Clause rights. Lambert’s co-defendant had introduced a psychiatric expert to explain he had voices in his head at the time of the murde…