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Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed

Article • February 15, 2024 • from CLN February, 2024

Filed under: AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections

Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney …

Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply

Article • February 15, 2024 • from CLN February, 2024

Filed under: Post-Arrest Statements, Comments on Defendant's Silence

Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and …

Estate of David Demharter v. Wexford Health Sources, Inc, PA, Memorandum Order, Wrongful Death-Suicide, 2024

Brief • January 18, 2024

Filed under: Wrongful Death, Failure to Protect (Wrongful Death)

Estate of David Demharter v. Wexford Health Sources, Inc, PA, Memorandum Order, Wrongful Death-Suicide, 2024 Case 2:23-cv-00087-MPK Document 46 Filed 01/18/24 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PATRICIA STOLAR-DEMHARTER as Administratrix of the Estate ofDAVID DEMHARTER, Plaintiff, V. WEXFORD HEALTH …

Mass Incarceration-Myths and Facts-Aiming Reform at the Real Problems, Jan 2024

Publication • January 15, 2024

Filed under: Effects of Mass Incarceration

Mass Incarceration-Myths and Facts-Aiming Reform at the Real Problems, Jan 2024 ~ Penn CareyLaW" UNIVERSITY of PENNSYLVANIA Public Law and Legal Theory Research Paper Series Research Paper No. 24-04 “Mass Incarceration” Myths and Facts: Aiming Reform at the Real Problems Paul H. Robinson UNIVERSITY OF PENNSYLVANIA CAREY LAW SCHOOL Jeffrey …

USA v. Franklin County, PA, Complaint, Discrimination-ADA, 2024

Brief • January 9, 2024

Filed under: Discrimination, Americans with Disabilities Act, Disabled Employees

USA v. Franklin County, PA, Complaint, Discrimination-ADA, 2024 Case 1:24-cv-00034-CCC Document 1 Filed 01/09/24 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) FRANKLIN COUNTY, PENNSYLVANIA ) o/a ) FRANKLIN COUNTY JAIL, …

Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes

Article • December 15, 2023 • from CLN December, 2023

Filed under: U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements

Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …

Davis v. Lowe, PA, Complaint, Excessive Force, 2023

Brief • November 15, 2023

Filed under: Excessive Force, Pepper Spray/Tear Gas

Davis v. Lowe, PA, Complaint, Excessive Force, 2023 Case 4:23-cv-01896-WIA Document 1 Filed 11/15/23 Page 1 of 46 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DAMION DAVIS, : : Plaintiff, : : v. : : CRAIG LOWE, Warden; : FAGAN, Corrections Lieutenant; : LINDA FORSHAY, …

News in Brief

Article • November 1, 2023 • from CLN November, 2023

Filed under: News in Brief

News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …

Estate of Lagrotteria v. Allegheny County, PA, Complaint, Wrongful Death-Inadequate Medical Care, 2023

Brief • October 17, 2023

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Lagrotteria v. Allegheny County, PA, Complaint, Wrongful Death-Inadequate Medical Care, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JEFFREY LAGROTTERIA, as Administrator Pendente Lite of the Estate of ANTHONY G. TALOTTA, Plaintiff, v. ALLEGHENY COUNTY, ALLEGHENY HEALTH NETWORK, WILSON BERNALES, DONALD W. STECHSCHULTE, …

Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element

Article • October 1, 2023 • from CLN October, 2023

Filed under: Motion to Intervene, Insufficiency of the Evidence

Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element by David Reutter by David M. Reutter On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was …

Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review

Article • October 1, 2023 • from CLN October, 2023

Filed under: First Step Act, Procedural Default/Error, Resentencing

Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …

News in Brief

Article • October 1, 2023 • from CLN October, 2023

Filed under: News in Brief

News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …

Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’

Article • September 1, 2023 • from CLN September, 2023

Filed under: Sentencing Goals/Purposes/Practices, Protected Persons, Sentence Enhancements/Departures

Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that second-degree aggravated assault of a protected individual in violation of 18 Pa. …

News in Brief

Article • August 1, 2023 • from CLN August, 2023

Filed under: News in Brief

News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …

Rivera v. Redfern, PA, Opening Brief, Failure to Protect, 2023

Brief • June 8, 2023

Filed under: Failure to Protect (General)

Rivera v. Redfern, PA, Opening Brief, Failure to Protect, 2023 Case: 23-1554 Document: 11-1 Page: 1 Date Filed: 06/08/2023 No. 23-1554 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT MICHAEL RIVERA, Plaintiff-Appellant, v. REDFERN, et al Defendants-Appellees. On Appeal from the United States District Court for the …

Rivera v. Redfern. PA, Opening Brief of Appellant, Excessive Force, 2023

Brief • June 8, 2023

Filed under: Excessive Force, Pepper Spray/Tear Gas

Rivera v. Redfern. PA, Opening Brief of Appellant, Excessive Force, 2023 Case: 23-1554 Document: 11-1 Page: 1 Date Filed: 06/08/2023 No. 23-1554 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT MICHAEL RIVERA, Plaintiff-Appellant, v. REDFERN, et al Defendants-Appellees. On Appeal from the United States District Court for …

Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff

Article • March 15, 2023 • from CLN April, 2023

Filed under: Exigent Circumstances, Warrantless Searches, Blood Samples/Tests

Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …

Pennsylvania DOC-Inmate Pay Increases, Dec. 2022

Publication • December 29, 2022

Filed under: Prisoners' Rights

Pennsylvania DOC-Inmate Pay Increases, Dec. 2022 ~ pennsylvania ~ DEPARTMENT OF CORRECTIONS TO: All Inmates FROM: George M. Little Secretary of Corrections DATE: December 29, 2022 SUBJECT: Pay Scale Increase As we celebrate this holiday season, it is refreshing to look back over the past year and see how far …

News in Brief

Article • December 15, 2022 • from CLN January, 2023

Filed under: News in Brief

News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act

Article • December 15, 2022 • from CLN January, 2023

Filed under: First Step Act, Resentencing

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter by David M. Reutter The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion …