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Monday, January 26, 2009

Impeachment by contradiction with prior crimes evidence subject to FRE 402, 403 & 607, not 404(b) and 609.

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On January 20, 2009, the Third Circuit decided United States v. Gilmore , Case No. 07-3139 . It held that a party may permissibly introduce ...
Monday, January 12, 2009

Bare fact of prior arrests cannot be used to increase a defendant's sentence.

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In United States v. Berry , No. 07-1251 (Jan. 6, 2009), Defendants pleaded guilty to robbery and using a firearm in furtherance of crime of ...
Tuesday, November 25, 2008

Prosecutorial Misconduct for AUSA to Introduce "extensive evidence" of Uncharged Drug Use and Transactions -- Even Under Plain Error Standard

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United States v. Morena, No. 07-1297 (Nov. 19, 2008). Morena appealed his conviction for felon-in-possession and possession of an unregiste...

No Bruton Violations in Bench Trials

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Johnson v. Tennis, No. 07-1968 (3d Cir. Nov. 19, 2008). The first paragraph of this opinion (almost) says it all: "This appeal by Gar...
Monday, November 10, 2008

Defendants not required to re-raise sentencing issues at end of sentencing hearing to avert plain error review

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In United States v. Sevilla , 07-1105 (3d Cir. Sept. 4, 2008), the Third Circuit clarified what defendants must do to avert plain error revi...

Reasonable suspicion is required to justify border search of cruise ship passenger's cabin

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In a matter of first impression, the Third Circuit ruled in United States v. Whitted , 06-3271 (3d Cir. Sept. 4, 2008) that reasonable suspi...
Friday, November 07, 2008

Third Circuit discusses procedures for declaring a mistrial based on a deadlocked jury

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In United States v. Wecht , 08-2258 (3d Cir. Sept. 5, 2008), the Third Circuit identified the ideal procedures a district court should foll...
Wednesday, October 22, 2008

Admissibility of Redacted Proffer Statement Violates Confrontation Clause But Constitutes Harmless Error

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In United States v. Hardwick et al, (3d Cir. October 3, 2008) , the Court of Appeals held that the admission into evidence of a redacted pro...
Tuesday, October 21, 2008

Third Circuit finds evidence insufficient to support conviction for harboring; upholds seizure based on anonymous tip

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On September 9, 2008, the Third Circuit issued its decision in United States v. Silveus , Case No. 07-3544 .  It focused on two issues raise...
Wednesday, October 15, 2008

Failure to Advise Defendant of Mandatory Minimum Sentence Prior to Pleading Guilty Renders Plea Involuntary

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In Jamison v. Klem, No. 07-1045 (3d Cir. September 30, 2008) , the Court of Appeals held that failure to advise a defendant of an applicable...

Cannot Exclude Personal Use in Determining Weight Involved in Conspiracy & Prior Testimony of Witness Admissible Since Trial Testimony Evasive

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[This case summarized by Leo Latella.] In United States v. Iglesias , 535 F.3d 150 (3d Cir. 2008) , the Court of Appeals held, in addressing...

Court of Appeals Reverses District Court's Grant of Suppression Motion

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[This case summarized by Leo Latella.] In United States v. Torres , 534 F.3d 207 (3d Cir. 2008) , the Court of Appeals reversed the district...

United States v. Goldberg, 538 F.3d 280 (3d Cir. 2008).

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The defendant in Goldberg ran a business that sold veterinary grade prescription drugs to horse owners without proof of a prescription. Th...
Tuesday, October 14, 2008

Sufficiency/Knowledge of Conspiracy's Object and Brady/Evidence Possessed by Foreign Sovereign

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[This case summarized by Felicia Sarner.] US v. Reyeros , 537 F.3d 270 (3d Cir. July 31, 2008). Reyeros, a former customs inspector, was con...

Appellate Waiver of Direct/Collateral Review

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[This case summarized by Felicia Sarner.] US v. Mabry , 536 F.3d 231 (3d Cir. July 28, 2008). Mabry's guilty plea agreement, in which he...

Ineffective Assistance / Jury Trial Waiver

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[This case summarized by Felicia Sarner.] US v. Lilly , 536 F.3d 190 (3d Cir. July 28, 2008). Since the evidence in this drug case relating ...

Failure to raise a suppression argument (not just a motion) before the district court equals waiver.

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In United States v. Rose , 538 F.3d 175 (3d Cir. 2008), the Third Circuit held that failure to raise specific suppression arguments before ...
Tuesday, September 23, 2008

Third Circuit Affirms One Variance to Probation; Reverses Another

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Sentence Affirmed: In United States v. Howe, No. 07-1404 (3d Cir. Sept. 18, 2008), defendant was convicted of two counts of wire fraud. At...

District Court's errors in admitting hearsay statement as present sense impression and defendant’s un-Mirandized admissions were not harmless.

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Defendant Artega Green was convicted by a jury of one count of distribution of crack cocaine, in violation of 21 U.S.C. § 841. The evidence ...
Thursday, August 21, 2008

THIRD CIRCUIT FINDS 18 U.S.C. § 48 UNCONSTITUTIONAL.

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Robert J. Stevens was convicted of violating 18 U.S.C. § 48, a statute which prohibited the creation, possession or sale of depictions of an...