Justia Constitutional Law Opinion Summaries

Lambert was charged as a co-conspirator with and accomplice to Tillman’s 1997 acts of murder (Tilman’s former girlfriend’s mother), aggravated assault (Tilman’s former girlfriend), and burglary. Their trial was joint. Before trial, Tillman admitted to the act and claimed mental illness. He made statements to his expert psychiatrist that Lambert had given Tillman a gun. The prosecution presented no direct evidence of any criminal plan between Lambert and Tillman before Tillman’s third return to the house. It relied only on their prior friendship, Lambert’s presence, and that Lambert drove Tillman away after witnessing the shooting. Recognizing that Tillman (who did not testify) would not be subject to cross-examination when the psychiatrist recounted his statements, the trial judge required counsel to redact facially incriminating references to Lambert from that testimony. At trial, the psychiatrist’s testimony, in context, implicated Lambert, who was convicted and sentenced to life imprisonment. The Third Circuit vacated and remanded for an evidentiary hearing to determine whether the Commonwealth used Tillman’s testimonial statements for their hearsay purpose and, if so, whether trial counsel was ineffective in failing to request a limiting jury instruction. The court found ”some merit to his argument that his Confrontation Clause rights were violated.” View "Lambert v. Warden Greene SCI" on Justia Law

The fathers of minor children in New Jersey challenged the state law governing child custody proceedings between New Jersey parents. In a suit against state court judges, under 42 U.S.C. 1983, they argued that the “best interests of the child” standard that New Jersey courts use to determine custody in a dispute between two fit parents is unconstitutional. The fathers alleged that their parental rights were restricted, or that they were permanently or temporarily separated from their children, by order of the New Jersey family courts without adequate notice, the right to counsel, or a plenary hearing, i.e. without an opportunity to present evidence or cross-examine and that although mothers and fathers are, in theory, treated equally in custody disputes under New Jersey law, in practice courts favor mothers. The Third Circuit affirmed dismissal of the suit, after holding that the Rooker-Feldman doctrine did not bar the suit, which was not challenging the state court judgments, but the underlying policy that governed those judgments. The court concluded that the judicial defendants were not proper defendants, having acted in an adjudicatory capacity and not in an enforcement capacity. View "Allen v. DeBello" on Justia Law

Members of the notorious Salvadoran gang, MS13, shot Serrano-Alberto's brother, leaving him paralyzed; extorted Serrano-Alberto , an acclaimed professional soccer player; and, when he ceased to pay, shot Serrano-Alberto, his nephew, and a neighbor, killing the neighbor and leaving the others in serious condition. Police refused to take a report because Serrano-Alberto did not know the names of the shooters. Fearing reprisal, Serrano-Alberto twice attempted to flee but was returned by Mexican authorities. In 2009-2012, Serrano-Alberto was imprisoned in El Salvador on extortion charges; he was ultimately absolved. Gang members continued to search for him. They shot another his brothers for refusing to divulge Serrano-Alberto’s whereabouts. In 2012, Serrano-Alberto escaped harm in a drive-by shooting by diving under a car. Serrano-Alberto moved multiple times. His mother warned that gang members were continuing to pursue him. In 2014, Serrano-Alberto observed apparent gang members in his new neighborhood and fled to the U.S.He was apprehended and applied for asylum, withholding of removal, and protection under the Convention Against Torture. At his hearing, the IJ was “confrontational, dismissive, and hostile, interrupting and belittling Serrano-Alberto’s testimony, time and again cutting off his answers to questions, and nitpicking immaterial inconsistencies.” She ordered removal. The BIA denied relief. The Third Circuit vacated and urged reassignment on remand. The Fifth Amendment protects the liberty of all persons within U.S. borders, including aliens in immigration proceedings who are entitled to a meaningful opportunity to be heard. View "Serrano-Alberto v. Attorney General United States" on Justia Law

Vickers punched his victim once but the victim suffered a fractured skull, brain hemorrhaging, and was in a coma for four days. Pennsylvania law provides that for a criminal case to be tried without a jury, “[t]he judge shall ascertain from the defendant whether this is a knowing and intelligent waiver, and such colloquy shall appear on the record. The waiver shall be in writing, made a part of the record, and signed by the defendant, the attorney for the Commonwealth, the judge, and the defendant’s attorney.” Those procedures were not followed in Vickers’s case. The judge found Vickers guilty. Vickers sought state post-conviction relief, claiming ineffective assistance of counsel. Because Vickers’s private attorney had been replaced by a public defender, the attorney was unaware that the process had not been followed, but recommended that Vickers pursue a bench trial for strategic reasons and thought that Vickers wanted a bench trial. The court concluded that Vickers “freely, voluntarily, and intelligently waived his jury trial rights.” Vickers sought habeas relief, 28 U.S.C. 2254. The Third Circuit reversed the district court’s grant of relief. The proper prejudice inquiry is whether there is a reasonable likelihood that, but for his counsel’s deficient performance, Vickers would have exercised his Sixth Amendment right to a jury trial. He failed to make that showing. View "Vickers v. Superintendent Graterford SCI" on Justia Law

Officers executed sealed search warrants at the home and office of Fattah. More than two years later, a grand jury indicted Fattah on 23 counts relating to bank fraud and tax evasion. Before the indictment, the press learned about the investigation; reporters waited at Fattah’s home to report the story. At Fattah’s trial, an FBI agent admitted that he had disclosed confidential information to a reporter in exchange for information pertinent to the investigation. Fattah argued that the agent’s conduct violated the Sixth Amendment because the pre-indictment press caused him to lose his job, which rendered him unable to retain the counsel of his choice, and that the agent’s conduct violated his Fifth Amendment right to due process. The Third Circuit affirmed Fattah’s convictions, noting that Fattah’s claim to unrealized income was contradicted by his statements and actions and that the FBI agent’s actions were not “so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.” View "United States v. Fattah" on Justia Law