Filed: Jul. 02, 2007
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 7-2-2007 USA v. Wecht Precedential or Non-Precedential: Precedential Docket No. 06-3098 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Wecht" (2007). 2007 Decisions. Paper 667. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/667 This decision is brought to you for free and open access by the Opinions of the United States Court
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 7-2-2007 USA v. Wecht Precedential or Non-Precedential: Precedential Docket No. 06-3098 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Wecht" (2007). 2007 Decisions. Paper 667. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/667 This decision is brought to you for free and open access by the Opinions of the United States Court o..
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Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
7-2-2007
USA v. Wecht
Precedential or Non-Precedential: Precedential
Docket No. 06-3098
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007
Recommended Citation
"USA v. Wecht" (2007). 2007 Decisions. Paper 667.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/667
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 06-3098, 06-3099, 06-3195, 06-3202, 06-3212 and 06-3213
UNITED STATES OF AMERICA,
Appellant in No. 06-3195
v.
CYRIL H. WECHT,
Appellant in No. 06-3098
WPXI, INC.,
Intervenor
Appellant in Nos. 06-3099
and 06-3202
PG PUBLISHING CO. D/B/A THE PITTSBURGH POST-
GAZETTE,
Intervenor
Appellant in Nos. 06-3212
and 06-3213
TRIBUNE-REVIEW PUBLISHING CO., and
HEARST-ARGYLE STATIONS, INC. D/B/A WTAE-TV,
Intervenors.
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 2:06-cr-00026)
District Judge: Honorable Arthur J. Schwab
No. 06-3704
IN RE: DR. CYRIL H. WECHT
_____
On Petition for Writ of Mandamus
Related to Western District of Pennsylvania
D.C. No. 2:06-cr-00026
District Judge: Honorable Arthur J. Schwab
Argued September 12, 2006
Before: FUENTES, FISHER, and BRIGHT,* Circuit Judges.
( Opinion Filed April 12, 2007)
_______
Jerry S. McDevitt (ARGUED)
Richard L. Thornburgh
Mark A. Rush
Amy L. Barrette
J. Nicholas Ranjan
Kirkpatrick & Lockhart Nicholson Graham LLP
535 Smithfield Street
Pittsburgh, PA 15222
Attorneys for Cyril H. Wecht
Douglas Letter (ARGUED)
*
Honorable Myron H. Bright, United States Court of
Appeals for the Eighth Circuit, sitting by designation.
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Appellate Litigation Counsel, Civil Division
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Richard A. Friedman (ARGUED)
Appellate Section, Criminal Division
United States Department of Justice
10th Street & Constitution Avenue, N.W.
Washington, DC 20530
Mary Beth Buchanan
United States Attorney
Peter Keisler
Assistant Attorney General
Robert L. Eberhardt
Assistant United States Attorney
Rebecca Ross Haywood (ARGUED)
Assistant United States Attorney
Stephen S. Stallings (ARGUED)
Office of United States Attorney
700 Grant Street
Suite 400
Pittsburgh, PA 15219
Attorneys for United States of America
Walter P. DeForest (ARGUED)
David J. Berardinelli
George Bobb
DeForest Koscelnik Yokitis & Kaplan
3000 Koppers Building
Pittsburgh, PA 15219
Attorneys for Intervenors WPXI, Inc.
David J. Bird (ARGUED)
W. Thomas McGough
Joseph F. Rodkey, Jr.
Reed Smith LLP
435 Sixth Avenue
Pittsburgh, PA 15219
Attorneys for Intervenors PG Publishing Co. D/B/A the
Pittsburgh Post-Gazette
3
David A. Strassburger (ARGUED)
Strassburger, McKenna, Gutnick & Potter, P.C.
Four Gateway Center, Suite 2200
444 Liberty Avenue
Pittsburgh, PA 15222
Attorney for Intervenor Tribune-Review Publishing Co.
and Hearst-Argyle Stations, Inc. D/B/A WTAE-TV
ORDER AMENDING OPINION
FUENTES, Circuit Judge.
IT IS NOW ORDERED in the above captioned case be
amended as follows:
Footnote 9 shall now read:
This holding applies to the local rules of all the
district courts in our Circuit. Presently, Local Rule
of Criminal Procedure 53.1 in the Eastern District of
Pennsylvania contains a “reasonable likelihood”
standard. The Middle District of Pennsylvania, in
Local Rule 83.2, and the District of New Jersey, in
Local Rule of Criminal Procedure 101.1, already
have a “substantial likelihood” of material prejudice
standard, as does the District of the Virgin Islands,
where Local Rule of Criminal Procedure 1.2
incorporates Local Rule of Civil Procedure 83.2
which adopts the ABA’s Model Rules of
Professional Conduct. The District of Delaware
appears not to have a local rule governing attorney
communications in criminal cases, though a Local
Rule of Civil Procedure 83.6(d)(2) does adopt the
ABA’s Model Rules of Professional Conduct for
civil proceedings.
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The following changes shall be made to footnote 12:
“forty-nine” shall be changed to “fifty”;
“forty-three” shall be changed to “forty-four”;
“Thirty-six” shall be changed to “Thirty-five”; and
“, including the three rules in Pennsylvania,” shall be deleted.
At the top of page 19, the sentence beginning with “Moreover, the
changes . . .” shall be deleted and replaced with:
Moreover, as a result of the changes we impose, district
courts in our Circuit will now apply the same trial publicity
standard, one that is also consistent with the rules of the
Commonwealth of Pennsylvania and the States of New
Jersey and Delaware.13
/s/ Julio M. Fuentes
Circuit Judge
DATED: July 2, 2007
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