In Tyson v Superintendent Houtzdale SCI, the 3rd Circuit held that a criminal defendant’s trial counsel rendered ineffective assistance by failing to object to the trial court’s jury instruction. The trial court incorrectly instructed the jury that an accomplice to first-degree murder must only act to promote or facilitate the commission of a crime to … Read more
In Rosen v. Superintendent of SCI Mahanoy, the 3rd Circuit affirmed the denial of the defendant’s habeas petition, ruling that the defendant failed to demonstrate that the Commonwealth’s use at trial of his statements to the Commonwealth’s psychiatric expert for the limited purpose of impeachment violated clearly established Fifth Amendment law.
In Hope v. Warden York Cnty. Prison, the 3rd Circuit held that Petitioners’ claim that unconstitutional conditions of confinement at York and Pike Co. required their release was cognizable in habeas. However, Petitioners did not show a substantial likelihood of success on their claim that the conditions of their confinement constituted unconstitutional punishment. Moreover, the … Read more
Bill Clinton made us all ask what the definition of “is” is. In Commonwealth v. McClelland, the PA Supreme Court debated the meaning of “any,” overruled Commonwealth v. Ricker, and held that the Commonwealth may not establish a prima facie case at a preliminary hearing with hearsay alone.
At the defendant’s sentencing, the sentencing judge never directly addressed the defendant, though the judge repeatedly noted to the defendant would have a chance to speak, if he wished. On appeal, the issue of whether or not the judge directly addressed the defendant — as required by Rule 32 — was never raised. Therefore, in … Read more
#TRO #PreliminaryInjunction #Jurisdiction #Habeas Several immigration detainees filed a habeas corpus petition seeking their release based on the COVID-19 pandemic and the conditions of the jails in which they were housed. Without offering the government a chance to respond, the district court issued a temporary restraining order (TRO), demanding the release of the plaintiffs pending … Read more