United States Third Circuit

Defendant's convictions for witness tampering and intimidation in connection with the death of a witness scheduled to testify against defendant's brother, are remanded, where: 1) intervening Supreme Court decisions, Arthur Andersen LLP v. US and Fowler v. US, along with the evidence in the record supports defendant's actual innocence claim; and 2) on remand, the district court shall conduct an evidentiary hearing and provide defendant an opportunity to present evidence in support of his actual innocence, that is, whether the petitioner's conduct had been rendered non-criminal due to the Supreme Court decisions.

Appellate Information

• Decided 10/03/2013
• Published 10/03/2013

Judges

• FUENTES

Court

• United States Third Circuit

Counsel