United States Third Circuit - January 2008 Opinion Summaries

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Description Date Docket #

Fahy v. Horn

United States Third Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus, Sentencing
Grant of a habeas petition vacating petitioner's death sentence is vacated and remanded to the extent that the writ was granted on the basis of Mills...
01/24/2008 03-9008, 03-9009

Doe v. Pennsylvania Bd. of Probation & Parole

United States Third Circuit
Civil Rights, Constitutional Law, Contracts, Criminal Law & Procedure, Government Law, Sentencing
In a 42 U.S.C. section 1983 suit brought by an anonymous plaintiff seeking declaratory and injunctive relief from aspects of Pennsylvania's...
01/23/2008 05-4200

US v. Maloney

United States Third Circuit
Criminal Law & Procedure, Sentencing
A sentence imposed on defendant after he was found guilty of violating three conditions of his supervised release is reversed in part where, as...
01/17/2008 06-3745

In re: Truong

United States Third Circuit
Bankruptcy Law, Civil Procedure
In appellate proceedings arising in a Chapter 7 bankruptcy case wherein appellants-debtors were denied a hearing to determine whether there was cause...
01/16/2008 06-3980

Yu v. Attorney Gen. of the US

United States Third Circuit
Health Law, Immigration Law
In asylum proceedings brought by petitioners based on their fear that, because they had a second child while in the U.S., one or both of them would be...
01/15/2008 06-3933

US v. Jimenez

United States Third Circuit
Banking Law, Criminal Law & Procedure, Evidence, Sentencing
A check kiting scheme involving only one bank, where the defendant moved funds between various accounts at that institution, still violates the bank...
01/14/2008 05-4098

US v. Schwartz

United States Third Circuit
Criminal Law & Procedure, Sentencing
In the context of plea agreements and criminal sentencing, the government may withdraw a downward departure motion when a defendant agrees not to...
01/10/2008 05-4978

Norfolk S. Ry. Co. v. Basell USA Inc.

United States Third Circuit
Contracts, Transportation
(Industry: Manufacturing)

In a contract case in which the parties agreed that defendant-customer breached the contract at issue with plaintiff-rail carrier, but disagreed as to...
01/09/2008 06-3425

Jahjaga v. Attorney Gen. of the US

United States Third Circuit
Civil Procedure, Immigration Law
In proceedings for asylum and related relief, petitions for review brought by a citizen of Kosovo and a Macedonian native from denial of their motions...
01/04/2008 06-2866, 06-3466

Frett-Smith v. Vanterpool

United States Third Circuit
Civil Procedure, Injury & Tort Law, International Law
For purposes of diversity jurisdiction, only the American nationality of a dual national is recognized. In a diversity suit arising when a light...
01/03/2008 06-4169
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