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Friday, September 30, 2005

2254 relief granted for Sixth Amendment violation -- trial court denied counsel's request for continuance and defendant proceeded to trial pro se

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Defendant was charged in New Jersey state court on multiple counts of theft by deception involving prospective buyers whose investments in a...
Thursday, September 29, 2005

Third Circuit Remands to Decide if Officer Deliberately Violated Miranda Before Getting Mirandized Statement

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In United States v. Naranjo , http://www.ca3.uscourts.gov/opinarch/034759p.pdf , the Third Circuit held that if officers deliberately used a...
Monday, September 19, 2005

3rd Cir. expounds on definition of “testimonial” in ruling that admission of out-of-court statement was harmless error

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United States v. Hinton , No. 03-3803 (3d Cir. Sept. 14, 2005), deals with a challenge to out-of court testimony under the Confrontation Cla...

District court’s failure to include final forfeiture order was clerical error

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In United States v. Bennett , No. 04-3650 (3d Cir. Sept. 12, 2005), the Third Circuit affirmed the district court’s amended judgment to incl...
Friday, September 16, 2005

3rd Cir to consider en banc whether Booker applies to restitution and forfeiture

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The 3rd Cir has sua sponte voted to rehear en banc three appeals previously argued before two different panels in which the issue is whether...
Tuesday, September 13, 2005

Federal courts lack authority to review state court retroactivity decisions

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In Warren v. Kyler , No. 03-2190 (Sept. 7, 2005), the Third Circuit concluded that it lacked the authority to apply a new state court decisi...
Thursday, September 08, 2005

Pro se litigant's fourth collateral motion not considered "second or successive"

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In In Re Wagner , No. 03-4254 (3d Cir. Sept. 6, 2005), the Third Circuit ruled that a pro se petitioner's fourth collateral motion coul...
Tuesday, August 30, 2005

Counsel Not Ineffective for Advising Against Appeal.

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In Fountain v. Kyler , No. 03-4777 (August 25, 2005), the Circuit held that counsel was not ineffective, when, out of fear the client might ...

Upholding Random Car Searches at Prisons

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The Third Circuit has upheld the Pa Department of Correction's policy of subjecting prison visitors' cars to random searches against...

Convention Against Torture -- Standard to Apply

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In Kamara v. Attorney General of the United States , No. 04-2647 (August 29, 2005), the Third Circuit set out the standard to be applied whe...
Friday, August 19, 2005

Brady violation - dismissal with prejudice

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In US v. Jareem Fahie (No. 04-1567 8/16/05), the 3rd Cir explains when dismissal with prejudice is appropriate for a violation of the govern...

Mail Fraud - "Culpable participation" requirement

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In US v. Marsha Dobson (No. 04-2169, 8/16/05), the 3rd Cir has written a very helpful decision regarding the "cuplable participation...
Friday, July 29, 2005

‘Use of a minor’ enhancement and footnote about Feeney Amendment

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In United States v. Pojilenko , No. 03-4446 (3d Cir. 7/27/05) , the Third Circuit determined that, in order to apply the ‘use of a minor’ en...
Tuesday, June 21, 2005

Rodriguez and Gov c.a.v. letters in Booker remand cases

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In a number of 3rd Cir. appeals pending likely remand for resentencing in light of Booker , the government over the last month has filed let...
Thursday, June 16, 2005

Alternative Sentences Constitute Harmless Error Under Booker

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In United States v. Jaheed Hill, No. 04-3904 (3d Cir. 6/14/05) , (click to open), the Third Circuit joined several sister circuits in hold...
Tuesday, May 17, 2005

Recent 3rd Cir decisions on Booker

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The 3rd Circuit has issued two decisions recently regarding US v. Booker , one relating to retroactivity for 2255 purposes, and the other r...
Saturday, April 30, 2005

3rd Cir Decision on Booker Remands

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In US v. Kevin Davis (No. 02-4521, 4/28/05), the 3rd Circuit has finally issued a published opinion articulating its position regarding rema...
Tuesday, April 26, 2005

New Booker Resources

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The Federal Defender Office for the Eastern District of Pennsylvania has two new resources available for litigating Booker sentencing issues...

3rd Cir withdraws King

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On April 19, 2005, the 3rd Circuit withdrew its unpublished decision in King, mentioned in the post below, and on April 25, 2005, the Court ...
Friday, April 15, 2005

Fascinating Footnote re Booker

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As noted on Prof. Berman's blog, the Third Circuit in a not-precedential opinion, US v. King (No. 03-4715, 4/14/05), has attached a fasc...