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  • Commentaries
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3d Circuit Case Commentaries

Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent

Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent

Date: Apr 11, 2025
Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent Introduction Jathursan Thankarasa v. Attorney General of the United States (3d Cir. Apr. 10, 2025)...
Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement

Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement

Date: Apr 10, 2025
Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement Introduction United States v. Sharif Layton is a Third Circuit decision addressing whether a federal inmate...
Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence

Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence

Date: Apr 10, 2025
Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence Introduction United States v. Marcus Akiem Ricketts (3rd Cir. Apr. 9, 2025) addresses whether a criminal...
Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims

Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims

Date: Apr 10, 2025
Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims Introduction In Susan Chung v. Commissioner of Social Security,...
Affirmation of Drug-Purity Calculation and Organizer-Leader Enhancement in Sentencing Guidelines

Affirmation of Drug-Purity Calculation and Organizer-Leader Enhancement in Sentencing Guidelines

Date: Apr 9, 2025
Affirmation of Drug-Purity Calculation and Organizer-Leader Enhancement in Sentencing Guidelines Introduction United States v. Glenn Long arises from a federal indictment in Camden, New Jersey,...
Martinez Exception Requires a Substantial Underlying Strickland Claim: Todaro v. Houtzdale

Martinez Exception Requires a Substantial Underlying Strickland Claim: Todaro v. Houtzdale

Date: Apr 9, 2025
Martinez Exception Requires a Substantial Underlying Strickland Claim: Todaro v. Houtzdale Introduction Joseph Todaro, Sr. (the “Appellant”) challenges the dismissal of his federal habeas petition...
Establishing Persecution and Acquiescence Standards in Asylum and CAT Claims: Nascimento v. AG

Establishing Persecution and Acquiescence Standards in Asylum and CAT Claims: Nascimento v. AG

Date: Apr 8, 2025
Establishing Persecution and Acquiescence Standards in Asylum and CAT Claims: Nascimento v. AG 1. Introduction Case Name: Vandecarlos Ferreira do Nascimento, et al. v. Attorney General of the United...
Affirmation of Abel’s Bad-Faith Standard for Administrative Warrants and Guidelines §5K2.21 Upward Departures

Affirmation of Abel’s Bad-Faith Standard for Administrative Warrants and Guidelines §5K2.21 Upward Departures

Date: Apr 8, 2025
Affirmation of Abel’s Bad-Faith Standard for Administrative Warrants and Guidelines §5K2.21 Upward Departures Introduction United States v. Coles, Preddy & Jenkins-Armstrong consolidates appeals by...
United States v. Coles et al.: Limits on Administrative Warrant Use and the Categorical Crime-of-Violence Rule

United States v. Coles et al.: Limits on Administrative Warrant Use and the Categorical Crime-of-Violence Rule

Date: Apr 8, 2025
United States v. Coles et al.: Limits on Administrative Warrant Use and the Categorical Crime-of-Violence Rule Introduction This commentary examines the Third Circuit’s April 7, 2025 decision in...
Limits on Administrative Parole Warrants and Crimes‐of‐Violence Predicates under 18 U.S.C. § 924(c)

Limits on Administrative Parole Warrants and Crimes‐of‐Violence Predicates under 18 U.S.C. § 924(c)

Date: Apr 8, 2025
Limits on Administrative Parole Warrants and Crimes-of-Violence Predicates under 18 U.S.C. § 924(c) Introduction United States v. Coles, Preddy & Jenkins-Armstrong (3d Cir. Apr. 7, 2025) is a...
A Witness’s Prior Letter Is Not Substantive Evidence Unless the Witness Vouches for Its Truth; “Or Otherwise” in the Federal Kidnapping Statute Encompasses Drug‑Debt Recoupment — United States v. Perkins (3d Cir. 2025)

A Witness’s Prior Letter Is Not Substantive Evidence Unless the Witness Vouches for Its Truth; “Or Otherwise” in the Federal Kidnapping Statute Encompasses Drug‑Debt Recoupment — United States v. Perkins (3d Cir. 2025)

Date: Apr 5, 2025
A Witness’s Prior Letter Is Not Substantive Evidence Unless the Witness Vouches for Its Truth; “Or Otherwise” in the Federal Kidnapping Statute Encompasses Drug‑Debt Recoupment — United States v....
No Ongoing Violation, No Young Exception: Third Circuit Reaffirms Eleventh Amendment Bar and Requires Without-Prejudice Dismissal in Official-Capacity § 1983 Suits

No Ongoing Violation, No Young Exception: Third Circuit Reaffirms Eleventh Amendment Bar and Requires Without-Prejudice Dismissal in Official-Capacity § 1983 Suits

Date: Apr 4, 2025
No Ongoing Violation, No Young Exception: Third Circuit Reaffirms Eleventh Amendment Bar and Requires Without-Prejudice Dismissal in Official-Capacity § 1983 Suits Introduction In Corsnitz v....
“Preserve It or Lose It”: Third Circuit Reaffirms Waiver for Failure to Challenge Magistrate’s Denial of Counsel and Upholds Immunity Bar to § 1983 Claims Against State Family‑Court Actors

“Preserve It or Lose It”: Third Circuit Reaffirms Waiver for Failure to Challenge Magistrate’s Denial of Counsel and Upholds Immunity Bar to § 1983 Claims Against State Family‑Court Actors

Date: Apr 4, 2025
“Preserve It or Lose It”: Third Circuit Reaffirms Waiver for Failure to Challenge Magistrate’s Denial of Counsel and Upholds Immunity Bar to § 1983 Claims Against State Family‑Court Actors...
“Dispute Arises” Under the EFAA Means Employer–Employee Opposition, Not Injury or EEOC Filing: Third Circuit’s Precedential Clarification in Cornelius v. CVS

“Dispute Arises” Under the EFAA Means Employer–Employee Opposition, Not Injury or EEOC Filing: Third Circuit’s Precedential Clarification in Cornelius v. CVS

Date: Apr 3, 2025
“Dispute Arises” Under the EFAA Means Employer–Employee Opposition, Not Injury or EEOC Filing: Third Circuit’s Precedential Clarification in Cornelius v. CVS Introduction In a precedential opinion,...
Selective Enforcement Discovery in Prison Contraband Cases: Small Samples, Self‑Selection, and Mandatory Referral Policies Can Justify Denial

Selective Enforcement Discovery in Prison Contraband Cases: Small Samples, Self‑Selection, and Mandatory Referral Policies Can Justify Denial

Date: Apr 3, 2025
Selective Enforcement Discovery in Prison Contraband Cases: Small Samples, Self‑Selection, and Mandatory Referral Policies Can Justify Denial Introduction In United States v. Brian Foster (3d Cir....
Essential Features of the Three-Tier System: Third Circuit Replaces Freeman with Tennessee Wine’s Test and Upholds New Jersey’s Retailer Physical Presence and In-State Wholesaler Requirements

Essential Features of the Three-Tier System: Third Circuit Replaces Freeman with Tennessee Wine’s Test and Upholds New Jersey’s Retailer Physical Presence and In-State Wholesaler Requirements

Date: Apr 3, 2025
Essential Features of the Three-Tier System: Third Circuit Replaces Freeman with Tennessee Wine’s Test and Upholds New Jersey’s Retailer Physical Presence and In-State Wholesaler Requirements...
Noncompliance Controls: Qualified Immunity and Pennsylvania Sovereign Immunity for a Single Pepper‑Spray Burst Against a Medically Restricted Inmate

Noncompliance Controls: Qualified Immunity and Pennsylvania Sovereign Immunity for a Single Pepper‑Spray Burst Against a Medically Restricted Inmate

Date: Apr 3, 2025
Noncompliance Controls: Qualified Immunity and Pennsylvania Sovereign Immunity for a Single Pepper‑Spray Burst Against a Medically Restricted Inmate Introduction This commentary analyzes the Third...
“No Pro Se Penalty” After Abandonment: Third Circuit Extends Martinez to Self‑Represented PCRA Filings and Finds Ineffective Assistance for Misclassifying § 922(g)(1) Under Pennsylvania Guidelines

“No Pro Se Penalty” After Abandonment: Third Circuit Extends Martinez to Self‑Represented PCRA Filings and Finds Ineffective Assistance for Misclassifying § 922(g)(1) Under Pennsylvania Guidelines

Date: Apr 3, 2025
“No Pro Se Penalty” After Abandonment: Third Circuit Extends Martinez to Self‑Represented PCRA Filings and Finds Ineffective Assistance for Misclassifying § 922(g)(1) Under Pennsylvania Guidelines...
Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling

Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling

Date: Apr 2, 2025
Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling Introduction In a precedential opinion...
From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases

From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases

Date: Apr 2, 2025
From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases Note: The...
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