Third Circuit Blog
In US v. Christopher D. Jones, No. 05-3001 (June 28, 2006), the 3d Circuit reiterated the stringent record a district court must make to effectively establish a knowing, intelligent, and voluntary waiver of the fundamental 6th Amendment right to counsel. Here, the court's colloquy failed to include the "penetrating and comprehensive examination" needed to permit a defendant to proceed pro se at a criminal trial. While no scripted inquiry is required, the court must cover all subjects -- to the extent they are relevant -- enumerated in the earlier case of US v. Peppers, 302 F.3d 120 (3d Cir. 2002). These include discussion of defendant's familiarity with the law, the charges, the rules of evidence and procedure, possible defense and penalties, investigating and subpoenaing witnesses, etc. An ineffective waiver of counsel, as was found here, can never be harmless error, and the conviction was vacated and the case remanded for a new trial.
Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before Fleeing
In United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before FleeingIn United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...
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In Rogers v. Superintendent Greene SCI , --- F.4th ----, 2023 WL 5763346 (3d Cir. Sept. 7, 2023), available here , the Third Circuit rever...
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