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Publication Date: 2024-04-12
Practice Area: Criminal Law
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2097
State and federal courts erred in denying evidentiary hearings in collateral relief proceedings where defendant alleged that trial counsel's misstatements regarding parole eligibility influenced defendant's decision to plead guilty, constituting a prima facie claim of ineffective assistance of counsel. Order of the district court reversed, case remanded.
Publication Date: 2024-04-12
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2153
Appellant appealed the denial of his 28 U.S.C. §2255 motion challenging his sentence and court found statutory text, record, and precedent showed 18 U.S.C. §2113(d) was a divisible statute and armed bank robbery was a crime of violence. Affirmed.
Publication Date: 2024-03-29
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1095
Police officer was not entitled to qualified immunity where he misrepresented the strength of the sole eyewitness identification and omitted other exculpatory facts, thereby undermining the magistrate's finding of probable cause and violating the arrested individual's clearly established rights. Order of the district court affirmed.
Publication Date: 2024-03-29
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3217
District court correctly applied terrorism sentencing enhancement where defendant's statements and conduct evidenced his intent to carry out a bombing in retaliation for the U.S. and Nigerian governments' actions against members of the ISIS terrorist group. Judgment of sentence affirmed.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2153
District court properly denied defendant's §2255 motion arguing 18 U.S.C. §2113(d) was not a "crime of violence" under 18 U.S.C. §924(c) because federal statutory text, record, and precedent showed that §2113(d) was divisible and armed bank robbery was a crime of violence under §924(c)'s elements clause. Affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-09-11
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1613
District court erred in granting summary judgment in oil workers' FLSA action seeking compensation for time spent changing into and out of safety gear and court found the Second Circuit test the district court applied was too narrow, there were genuine factual disputes including whether changing was required by law, employer's rules or the nature of the work, whether it was industry custom to change onsite and whether it took more than a de minimis amount of time. Vacated and remanded.
Publication Date: 2023-08-14
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1362
Transferee of assets gained through criminal enterprise lacked standing to challenge a forfeiture order, since normally only a criminal defendant had standing to raise such a challenge and the transferee could not meet either exception for a bona fide purchaser or a holder of a superior interest vested prior to the crime. Order of the district court affirmed in part, appeal dismissed in part.
Publication Date: 2023-08-14
Practice Area: Family Law
Industry: Legal Services | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2037
District court did not abuse its discretion by granting the preliminary injunction as far as it let grandmother publish the Facebook documents, in case where grandmother sought an injunction to protect her from prosecution when she shared child abuse documents that had been posted on Facebook, but she lacked standing as to her request relating to documents she might acquire in the future. Vacated and remanded for a narrower injunction.
Publication Date: 2023-01-23
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2723
District court properly excluded expert report addressing appellant's purpose in undressing two three- and four-year-old girls and taking photos of their genitals because appellant had the intent required for both halves of §2251(a), he intentionally posed the girls with genitals exposed for the purpose of photographing them and excluded report dealt only with whether appellant thought the photos were sexually explicit. Affirmed.
Publication Date: 2022-10-03
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 20-3496
Right to cure breach of real estate installment contract in Chapter 13 bankruptcy ended upon the seller obtaining a judgment of possession, which was the equivalent to a foreclosure sale of a mortgaged property. Order of the district court affirmed.
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