Upon Further Review

A Publication of the Philadelphia Bar Association

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CRIMINAL JUSTICE

Third Circuit: Defective Indictment Not Structural Error Requiring Automatic Reversal

By Burton A. Rose, Esq. on 8/16/2016

A panel of the Third Circuit Court of Appeals has ruled that an indictment which fails to include all the central elements of the charged offense is subject to harmless error review when the issue was raised in the trial court, and that the defective indictment does not constitute a structural error requiring automatic reversal, overruling United States v. Spinner, 180 F3d 514 (1999). Read Full Story »

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CRIMINAL JUSTICE

Third Circuit Voids Residual Clause of Sentencing Guidelines Section 4B1.2

By Burton A. Rose, Esq. on 8/15/2016

In United States v. Michael Calabretta, 2016 WL 3997215, July 26, 2016, docket number 14-3969, a panel of the United States Court of Appeals for the Third Circuit ruled that Sentencing Guideline Section 4B1.2, concerning career offender status, cannot survive the recent decision of Johnson v. United States, 135 S. Ct. 2551 (2015). Read Full Story »

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William G. Bowen Ph.D. delivers the Judge A. Leon Higginbotham Jr. Memorial Public Interest Lecture at the June 22, 2016 Quarterly Meeting and Luncheon.

 
CRIMINAL JUSTICE

Chief Judge McKee: Presiding Judge or Magistrate Has Sole Discretion in Requests for Interim Payment of Counsel

By Upon Further Review Staff on 8/16/2016

In a bid to streamline the payment process, Third Circuit Court of Appeals Chief Judge McKee has ordered that in extended or complex cases where counsel has been appointed under the Criminal Justice Act, 18 U.S.C. §3006A, responsibility for review of requests to submit interim vouchers for compensation for pending matters rests solely with the presiding judge or magistrate. Read Full Story »

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WORKERS' COMPENSATION

The Month in Workers' Compensation: June 2016 At-a-Glance

By Mitchell I. Golding, Esq. on 8/15/2016

In June, courts ruled on whether the denial of a Joinder Petition is a final or interlocutory order and set the parameters for consideration of whether an award of an attorney's fee on payment of medical bills is appropriate. Read Full Story »

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LEGISLATIVE UPDATE

Will Greater Cooperation in Harrisburg Lead to Faster Passage of a Budget?

By Charles J. Klitsch, Esq. on 6/23/2016

Last year at this time, legislative leaders and Governor Wolf were not speaking with each other. What a difference a year makes – or at least the realization that this is an election year. While the 2016-17 state budget is not yet set in stone, significant progress is being made in plans to raise revenue needed to close the gap between money generated under the current tax structure and the amount needed to fund anticipated expenditures. Read Full Story »

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CRIMINAL JUSTICE

Not Every Violent Crime is Terrorism: Why Edward Archer Should Not Be Prosecuted Under PA’s Criminal Terrorism Statute

By Susan Lin, Esq. on 5/16/2016

Article Image In her response to an article in last month's edition of Upon Further Review, the author takes issue with the proposition that Edward Archer, who is alleged to have shot Officer Jesse Hartnett, should be charged under Pennsylvania's terrorism statute. Rather, a terrorism charge should be reserved for those who truly intend by their violent actions or threats to terrorize the community at large. It should not be a means of lodging further punishment against people with mental illness, and it should be used sparingly, in recognition of the incontrovertible fact that piling on charges and sentences will add to our already overburdened corrections system. Read Full Story »

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CRIMINAL JUSTICE

Calling a Terrorist a Terrorist: Why Philadelphia’s Cop-Shooting Jihadist Should Be Prosecuted Under PA’s Criminal “Terrorism” Statute (Instead of Waiting on the Feds)

By Amara Chaudhry, Esq on 4/26/2016

Article Image In this article, the author takes the position that Edward Archer, the man accused of shooting Philadelphia police officer Jesse Hartnett at point-blank range while proclaiming that his actions were motivated by his Islamic faith, can - and should - be prosecuted under Pennsylvania's criminal terrorism statute: 18 Pa.C.S. §2717. Read Full Story »

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