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Court of Appeals for the Third Circuit

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UNITED STATES v. BAXTER, 951 F.3d 128 (2020)
Court of Appeals for the Third Circuit Filed: Feb. 21, 2020 Citations: 951 F.3d 128, 18-3613.

OPINION OF THE COURT SMITH , Chief Judge . Steven Baxter allegedly mailed two packages from South Carolina to St. Thomas, United States Virgin Islands. Upon arrival in St. Thomas, U.S. Customs and Border Protection (CBP) agents opened the packages and discovered that they contained guns. Baxter was apprehended and charged with two counts of illegal transport of a firearm. During his criminal proceeding, he moved to suppress the guns as the fruit of unreasonable searches which violated his...

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JOHNSON v. SUPERINTENDENT FAYETTE SCI, 949 F.3d 791 (2020)
Court of Appeals for the Third Circuit Filed: Feb. 07, 2020 Citations: 949 F.3d 791, 18-2423.

OPINION RENDELL , Circuit Judge . Although we generally rely on jurors to follow a court's instructions, we cannot expect the superhuman from them. Under certain circumstances, jurors cannot practically be expected to follow instructions, no matter how clear or explicit. The classic example arises during a joint criminal trial, in which one defendant has confessed to the crime and the confession implicates his co-defendant. The confession is admitted into evidence, and the jury is...

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GREATER PHILADELPHIA CHAMBER OF COMMERCE v. CITY OF PHILADELPHIA, 949 F.3d 116 (2020)
Court of Appeals for the Third Circuit Filed: Feb. 06, 2020 Citations: 949 F.3d 116, 18-2175 & 18-2176.

OPINION OF THE COURT McKEE , Circuit Judge . Table of Contents I. BACKGROUND...121 A. The Disparity And The Ordinance...122 B. Legislative Background...123 1. Testimony Before the City Council...123 a. Barbara Price...123 b. Terry Fromson...124 c. Marianne Bellesorte...126 d. Rue Landau...127 2. Other Testimony Before the City Council...127 C. The Legal Challenge...128 1. The Madden Affidavit...128 2. Declarations Filed by Chamber Members...131 D. The District...

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John Fink v., 20-2923 (2020)

CLD-007 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2923 _ IN RE: JOHN W. FINK, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 2-19-cv-09374) _ Submitted Pursuant to Rule 21, Fed. R. App. P. October 8, 2020 Before: RESTREPO, MATEY and SCIRICA, Circuit Judges (Opinion filed: October 26, 2020) _ OPINION* _ PER CURIAM John W. Fink petitions for a writ of mandamus...

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Sharon James v., 20-2851 (2020)

BLD-008 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2851 _ IN RE: SHARON M. JAMES, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D. Del. Civ. No. 1-18-cv-00063) _ Submitted Pursuant to Rule 21, Fed. R. App. P. October 8, 2020 Before: AMBRO, SHWARTZ and PORTER, Circuit Judges (Opinion filed: October 22, 2020) _ OPINION * _ PER CURIAM Sharon James filed a discrimination lawsuit in...

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United States v. John Doe, 20-2650 (2020)

BLD-016 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2650 UNITED STATES OF AMERICA v. JOHN DOE, Appellant _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal No. 2-15-cr-00416-001) District Judge: Honorable R. Barclay Surrick _ Submitted on Appellee’s Motion for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 October 22, 2020 Before: AMBRO, SHWARTZ, and PORTER, Circuit Judges (Opinion filed:...

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Louis Neptune v., 20-2648 (2020)

CLD-311 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2648 _ IN RE: LOUIS NEPTUNE, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to Civ. No. 3:17-cv-12057) _ Submitted Pursuant to Rule 21, Fed. R. App. P. September 24, 2020 Before: JORDAN, KRAUSE and MATEY, Circuit Judges (Opinion filed: October 29, 2020) _ OPINION * _ PER CURIAM Louis Neptune has filed a petition for a writ of...

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Michael Gorbey v., 20-2534 (2020)

DLD-008 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2534 _ IN RE: MICHAEL S. OWL FEATHER-GORBEY, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to M.D. Pa. Civ. No. 3:20-cv-00806) _ Submitted Pursuant to Rule 21, Fed. R. App. P. October 8, 2020 Before: JORDAN, KRAUSE, and PHIPPS, Circuit Judges (Opinion filed: October 16, 2020) _ OPINION* _ PER CURIAM Earlier this year,...

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Raymond Winchester v., 20-2511 (2020)

ALD-296 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2511 _ IN RE: RAYMOND WINCHESTER, Petitioner _ On Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D. Del. Civ. No. 1:18-cv-01458) _ Submitted Pursuant to Fed. R. App. P. 21 September 3, 2020 Before: MCKEE, SHWARTZ and PHIPPS, Circuit Judges (Opinion filed: October 5, 2020) _ OPINION * _ PER CURIAM Raymond Winchester, proceeding pro se, has filed a...

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Palani Karupaiyan v. Atlantic Realty Development Co, 20-2491 (2020)

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 20-2491 _ PALANI KARUPAIYAN, Appellant v. ATLANTIC REALTY DEVELOPMENT CORP., AND MIDDLESEX MANAGEMENT, a/k/a Oak Tree Village; D&G TOWING _ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2:18-cv-12532) District Judge: Honorable Esther Salas _ Submitted Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 on...

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Libertarian Party of Pennsylva v. Governor of Pennsylvania, 20-2481 (2020)

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-2481 LIBERTARIAN PARTY OF PENNSYLVANIA; CONSTITUTION PARTY OF PENNSYLVANIA; GREEN PARTY OF PENNSYLVANIA; STEVE SCHEETZ; KEVIN GAUGHEN; ALAN SMITH; TIMOTHY RUNKLE; BOB GOODRICH; JUSTIN MAGILL, Appellants v. GOVERNOR OF PENNSYLVANIA; SECRETARY COMMONWEALTH OF PENNSYLVANIA; SECRETARY ELECTIONS AND COMMISSIONS PENNSYLVANIA DEMOCRATIC PARTY (Intervenor in District Court) (E.D. Pa. No. 5-20-cv-02299) _ JUDGMENT ORDER _ Present: AMBRO,...

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