The Third Circuit affirmed the dismissal of the defendant's habeas corpus petition. The Court ruled that the defendant "filed his ineffective-assistance claim ten months late. Plus, he failed to assert it on state habeas first." And even if the Court "looked past these mistakes, his conviction would stand; the jury…
The Third Circuit affirmed the dismissal of the defendant’s habeas corpus petition. The Court ruled that the defendant “filed his ineffective-assistance claim ten months late. Plus, he failed to assert it on state habeas first.” And even if the Court “looked past these mistakes, his conviction would stand; the jury would have convicted him even… Continue reading Marsalis v. Pa. Dep’t of Corr.
A prisoner sued the staff at his jail, alleging they deprived him of the ability to research evidentiary and court rules ahead of and during his civil trial. The District Court dismissed the complaint, and the Third Circuit affirmed. Both courts found that the defendants were entitled to qualified immunity because, at the time of… Continue reading Rivera v. Monko
The Third Circuit affirmed the District Court’s summary judgment order entered in Navient’s favor. The Panzarellas sued the student loan company, alleging it violated the Telephone Consumer Protection Act of 1991 (TCPA). They asserted that Navient called their cellphones without prior express consent using an automatic telephone dialing system (“ATDS”) in violation of the TCPA.… Continue reading Panzarella v. Navient Solutions, Inc.
The Third Circuit waded into an employment issue between FBI agents and the Government. In 2018, the Federal Government went through its most extended shutdown. Federal workers — including FBI agents — did not get paid. When the Government reopened, the agents received back pay and contributions into their Thrift Savings Plan retirement accounts. The… Continue reading Doe v. United States
The Third Circuit affirmed the defendant’s conviction for cyberstalking but reversed the District Court’s restitution order. After an interview with someone at Georgetown Law went poorly, and the school rejected his application, the defendant mounted a cyberstalking campaign against the interviewer. The Government indicted him for this conduct, and he pleaded guilty. The defendant claimed… Continue reading United States v. Yung
In a per curium opinion, the Third Circuit dealt with an issue that “has confused defendants and divided courts in the Third Circuit”: Whether courts may excuse medical marijuana use in bond revocation hearings. Unsurprisingly, the Court ruled that courts may not permit the use of medical marijuana in such circumstances because “it is beyond… Continue reading United States v. Cannon
The Third Circuit affirmed the civil penalties imposed for the defendant’s Bank Secrecy Act violation. The defendant claimed that the District Court erred when it found he willfully failed to report his foreign bank accounts in 2007 and 2008, and the IRS’s penalty calculation was an abuse of discretion. The defendant also argued the District… Continue reading United States v. Collins
In this interlocutory appeal, fiduciaries of a retirement plan appealed the District Court’s certification of a class of participants who alleged the fiduciaries breached their duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). At issue was whether the typicality requirement of Federal Rule of Civil Procedure 23(a) is satisfied when the class… Continue reading Boley v. Universal Health Svs.
The Third Circuit framed the issues in this appeal as follows: Whether “a date on the outside of a mail-in ballot, required under state law, is material to the voter’s qualifications and eligibility to vote. However, in resolving that question, we must decide whether private plaintiffs can even bring this suit to enforce the Materiality… Continue reading Migliori v. Cohen
The Third Circuit denied review of the Board of Immigration Appeals order that dismissed the petitioner’s appeal from an Immigration Judge’s determination that he is removable and ineligible for cancellation of removal. The petitioner made two unsuccessful claims: first, that his New Jersey state offense (third-degree endangering the welfare of a child) is not a… Continue reading Nunez v. Att’y Gen.