TLR 3d Circuit Blog

US v. White

April 14, 2014

#FourteenthAmendment

The Third Circuit reverses the denial of defendant’s motion to suppress, remanding to the district court to decide whether there was an articulable basis for the warrantless search of the defendant’s home incident to his arrest, which occurred just outside the residence. Continue reading

US v. Velazquez

April 14, 2014

#SixthAmendment, #SpeedyTrial

The government violated the defendant’s right to a speedy trial guaranteed in the Sixth Amendment because the delay, as analyzed through the four-factor test set forth in Barker v Wingo, was unfairly prejudicial. Continue reading

US v. Auernheimer

April 11, 2014

#CriminalLaw, #Venue

Venue in a criminal conspiracy case is only proper where the defendant or a co-conspirator performed an essential conduct element of the underlying criminal violation or an overt act in furtherance of the conspiracy. Continue reading

US v. Territory of the Virgin Islands

April 11, 2014

#CivilProcedure

Where an intervening party’s interests are nearly identical to those of an existing party and intervention would unduly prejudice the existing parties, the intervening party fails to show a divergence of interests sufficient to justify intervention. Continue reading

Thomas v. Cumberland County

April 11, 2014

#§1983

A municipality is liable under §1983 for a failure to provide their employees conflict de-escalation training when there is willful indifference, and the lack of training causes the harm. Under a single-incident theory, willful indifference is found when the resultant injury is a highly predictable consequence of the failure to train. Continue reading

US v. Cooper

April 10, 2014

#ConstitutionalLaw, #NondelegationDoctrine

The provision in the Sex Offender Registration and Notification Act (“SORNA”) granting the Attorney General the authority to determine the applicability of registration requirements to pre-SORNA sex offenders does not violate the nondelegation doctrine. Continue reading