"If someone wants to stop us, then let them try to stop us." Those are big words, from a big man, but so far, Governor Christie is being stopped, reports The Star-Ledger. The third time was definitely not the charm for New Jersey, who received a third decision, not in its favor, in its attempts to legalize sports betting in the state.
Recently in Criminal Law Category
Conrad Clinton Blair was sentenced under the Armed Career Criminal Act ("ACCA"), and appealed his sentence claiming that his prior sentences were not violent felonies for purposes of the ACCA, and were not "occasions different from one another."
The Third Circuit, however, was not persuaded.
Yesterday, the Third Circuit decided a case that could have a ripple effect across the nation.
The case involved the brothers Katzin, and their spree of burglaries of Rite Aid pharmacies across three states. When Harry Katzin emerged as a suspect through investigation, police consulted with the United States Attorney's office, and put a "slap-on" GPS tracker on Katzin's van -- without first obtaining a warrant.
Law enforcement tracked the brothers, and right after a Ride Aid pharmacy was burgled, the men were stopped in their van. A search of the vehicle turned up items that had been stolen from Rite Aid. Before trial, the brothers moved to suppress evidence obtained in the van, and the district court agreed, suppressing the evidence.
Even the ivory towers of the Ivy League are not immune from perverts. In his second appeal to the United States Court of Appeals for the Third Circuit, a former Wharton professor's sentence, for charges related to child pornography, was affirmed, reports the University's paper The Daily Pennsylvanian.
Let's say you're a microbiologist that works at a chemical company and you find out your best friend is pregnant with your husband's child. What would you do?
If you're Bond ... Carol Bond, then obviously, you try to poison your best friend. But in a turn of events that's more Austin Powers, than 007, the mistress/best friend only winds up suffering a burn to her thumb.
To make things more complicated, rather than being an open and shut state criminal case, this appeal involves issues of treaty obligations and federalism.
Joseph Konrad pleaded guilty to charges of making false statement to the Federal Aviation Administration in 2010. Based on the information he disclosed in a financial disclosure affidavit, he was assigned a federal defender pursuant to the Criminal Justice Act.
During sentencing, the district court noted differences between Konrad's affidavit and presentencing report. Based on the discrepancies he was ordered to reimburse $6,000 in legal fees because he in fact, had funds to pay for an attorney.
Last week the Third Circuit drew a line in the sand, further deepening a circuit split, on the question of whether prior drug possession convictions were admissible under Federal Rule of Evidence 404(b) to prove knowledge or intent to distribute. The Third Circuit held that the prior convictions were not admissible, vacated the defendant's conviction, and remanded to the trial court.
Terrell Davis was arrested and convicted for possession of cocaine with intent to distribute. The government successfully sought to admit evidence of two of Davis' prior convictions for possession of cocaine, and Davis appealed.
When it comes to child pornography, most would agree that viewing any child porn is sufficient for an entire lifetime. But in a case decided Monday, the Third Circuit determined that a jury didn't see too much child porn to be unfairly prejudiced.
Where does the Third Circuit draw the line between prejudice and probative value when it comes to child pornography?
New Jersey, Pennsylvania and Delaware are keeping practitioners on their toes with a host of legal issues arising from hot news stories. Here's a roundup of the goings on in the states of the Third Circuit...
Giffords' Advocacy Group Urges Passage of NJ Gun Law
Governor Christie signed ten new gun bills into law on Thursday, but Gabbie Giffords' advocacy group is urging Christie to sign another into law, with a petition of over 3,000 signatures.
Insider trading has a new record sentence — the new holder? An attorney.
Over a seventeen-year period, attorney Matthew Kluger conspired with two others: Garrett Bauer, a stock trader and Kenneth Robinson, a middleman who passed insider information from Kluger to Bauer . Kluger and Robinson intended for the scheme to be a modest one, instructing Bauer to make purchases and sales in small amounts. However, Bauer began trading in excess of the amounts the trio had predetermined. During the course of the conspiracy, the scheme net an amount exceeding $34 million, with Bauer reaping the majority of the profits.