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Monday, March 28, 2011

Writ of Mandamus issues when District Court refuses to instruct jury on all elements of charged offense.

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While reiterating its general rule that mandamus is “a drastic remedy that is seldom issued and its use is discouraged,” the Third Circuit...

Borrower of rental car generally lacks expectation of privacy in that rental car.

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In United States v. Kennedy , No. 09-1980 (March 16, 2011) , the Third Circuit affirmed the denial of a suppression motion by a driver of ...
Monday, March 07, 2011

Court rejects Second Amendment challenges to 18 U.S.C. § 922(g)(1)

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Defendant James Barton entered a conditional guilty plea to two counts of being a felon-in-possession of a firearm and ammunition, in violat...
Thursday, March 03, 2011

Search warrant affidavit sufficient to establish probable cause in child pornography case despite deficiencies

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In United States v. Miknevich , 09-3059 (March 1, 2011), the Third Circuit was asked to determine whether an affidavit prepared by a law enf...
Tuesday, February 15, 2011

State Court Unreasonably Denied Brady Relief for Commonwealth’s Concealment of Evidence

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In Lambert v. Beard , ___ F.3d ___, 2011 WL 353209 (3d Cir. Feb. 7, 2011), Judge Barry authored the panel opinion granting guilt-innocence p...
Monday, February 14, 2011

Pro se notice of appeal liberally construed

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In US v. Aswa Mills, No. 10-1542 (Feb. 9, 2011) (click here), the Circuit ruled that a notice of appeal, especially if pro se , should be c...
Tuesday, February 08, 2011

Court Finds File Names are in Plain View; Looks at Consent, Inevitable Discovery and Independent Source Doctrines

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In a lengthy c.p. opinion in U.S. v. Stabile , --- F.3d ----, 2011 WL 294036 (Feb. 1, 2011), the Third Circuit found the following: (1) Cons...
Tuesday, February 01, 2011

Clear-Error Standard of Review Applies to a District Court’s Determination of Recklessness Under Franks

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In United States v. Brown, No. 09-3643 , the Third Circuit affirmed the District Court’s opinion granting the defendant’s motion to suppress...
Thursday, January 13, 2011

Collective Knowledge of Police Sufficient to Support Reasonable Suspicion for Terry Stop

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In United States v. Whitfield, No. 09-3031 (3d Cir., filed December 6, 2010, published January 6, 2011), four Camden police officers in thre...
Tuesday, January 04, 2011

Circuit Requires Relevant Conduct to Cross-Reference

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Kulick pled guilty to unlawful possession of a firearm. In exchange, the government dismissed other charges, including an extortion charge,...
Thursday, December 30, 2010

A SENTENCE TO STATUTORY MAX 30 YEARS - MORE THAN DOUBLE THE GUIDELINE RANGE AND DESPITE A 5K1.1 MOTION - AFFIRMED

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In United States v. Larkin, No. 09-2619 (M.D.PA 12/10/10), the Court of Appeals affirmed Ms. Larkin’s sentence to the statutory maximum of ...
Tuesday, November 30, 2010

Case Remanded for Resentencing Due to Imposition of “General Sentence”

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In United States v. Ward , No. 09-4271 (3d. Cir. October 27, 2010) , the Third Circuit vacated a "general sentence"imposed by a di...
Thursday, October 21, 2010

Interior Dog Sniff of Open Car Not Illegal Warrantless Search

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In United States v. Pierce, No. 09-3865 (3d Cir., October 1, 2010) , the defendant was stopped by a Delaware State trooper for speeding. Acc...

PWID is Lesser-Included Offense of PWID Within 1000 Feet of School

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In United States v. Petersen, No. 08-4794 (3d Cir., October 1, 2010) , the two defendants initially were charged with possession with intent...

CP Case: No Outrageous Conduct in Use of Fugitive CI; 1080 Month Sentence Reasonable

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U.S. v. Christie , 2010 WL 4026817 (Sep. 15, 2010) (published Oct. 15, 2010). During an unrelated fraud investigation, agents were contacted...
Tuesday, October 05, 2010

Circuit Applies Skilling, Reverses Honest Services Conviction

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In United States v. Riley , 2010 WL 3584066 (3d. Cir. Sept. 16, 2010), the Court held that the district court’s instruction to the jury that...

Circuit Affirms Inventory Search into Closed Containers

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In United States v. Mundy , 2010 WL 3547435 (3d. Cir. Sept. 14, 2010), the court held that (1) the city police department's vehicle stop...
Friday, October 01, 2010

Third Circuit holds that the Government may need a warrant to compel a cell phone provider to produce historical cellular tower data that would disclo

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In re Application of the U.S . , No. 08-4227 (3d Cir. Sept. 7, 2010), involves whether the Government can c overtly obtain, without a show...

Third Circuit holds that in criminal tax violations, willful blindness satisfies the legal knowledge component of the willfulness element.

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United States v. Stadtmauer , No. 09-1575 (3d Cir. Sept. 9, 2010) , involves several issues challenging the conviction, after a two-month ...
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Wednesday, September 29, 2010

In trial for unlawful firearm possession, lack of jury instruction on affirmative defense of justification not plain error.

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In Gov’t of V.I. v. Lewis , No. 09-3245 (3d Cir. Sept. 8, 2010) , the Third Circuit refined its test for when a jury, in an unlawful possess...