United States Third Circuit - December 2001 Opinion Summaries

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Description Date Docket #

CHISOLM v. MCMANIMON

United States Third Circuit
Constitutional Law
The Eleventh Amendment does not bar a suit against a county court based on an alleged failure to provide interpretive services, where the judicial,...
12/28/2001 00-1865

STEWART v. ABRAHAM

United States Third Circuit
Constitutional Law, Criminal Law & Procedure
The "rearrest policy" used by the Philadelphia District Attorney's office does not violate the Fourth Amendment of the U.S. Constitution.
12/27/2001 00-2358

US v. JENKINS

United States Third Circuit
Criminal Law & Procedure, Sentencing
USSG 3C1.1, an obstruction of justice enhancement, does not apply to a defendant who failed to appear at a related state court proceeding that...
12/21/2001 01-1292

PATEL v. ZEMSKI

United States Third Circuit
Civil Rights, Immigration Law
Mandatory detention of aliens found subject to removal, but who have not yet been removed because they are pursuing their administrative remedies,...
12/19/2001 01-2398

S. CAMDEN CITIZENS IN ACTION v. NEW JERSEY DEP'T OF ENVTL. PROT.

United States Third Circuit
Civil Rights
A regulation cannot create a right, enforceable through 42 UCS 1983, where the alleged right appears in the regulation but does not appear explicitly...
12/17/2001 01-2224, 01-2296

GOV'T OF THE VIRGIN ISLANDS v. FONSECA

United States Third Circuit
Criminal Law & Procedure
Lawful violence defense instruction under 4 VIC 293(a) does not apply to homocide offenses under Virgin Islands law, and a self-defense instruction to...
12/13/2001 00-3628, 00-3877, 00-3878

HERR v. PEQUEA TOWNSHIP

United States Third Circuit
Civil Rights, Property Law & Real Estate
Where a township participates in proceedings before other governmental agencies authorized to resolve land use issues, the township and its...
12/11/2001 00-2473

US v. KHATTAK

United States Third Circuit
Criminal Law & Procedure
A "waiver of appeal" provision in a guilty-plea agreement is valid if entered into knowingly and voluntarily, unless it works a miscarriage of...
12/07/2001 00-4169

ALBRIGHT v. VIRTUE

United States Third Circuit
Labor & Employment Law
Boilerplate language contained in a decision of the grievance committee did not provide clear guidance that a union would no longer proceed with...
12/07/2001 00-4279

KIARELDEEN v. ASHCROFT

United States Third Circuit
Civil Procedure
Government's defense of the constitutionality of a federal statute precludes an award of attorney's fees under the Equal Access to Justice Act because...
12/05/2001 00-1823
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