Pennsylvania Habeas Corpus Law

Commonwealth of Pennsylvania v. Joseph Loduca

Middleburg, Pennsylvania criminal defense lawyer represented the Defendant charged with simple assault. On January 22, 2020, the trial court sentenced LoDuca to 199 days to two years less one day of incarceration with credit for time served on the count of terroristic threats and one year of probation on the count of simple assault ("Original Sentence"). On the same day, LoDuca was sente... More...

$0 (01-21-2025 - PA)

Salvatore Chimenti v. Frederick K. Frank

Philadelphia, Pennsylvania civil rights lawyers represented the Plaintiff who sued the Defendants seeking a writ of habeas corpus. "In years to come, for thousands of imprisoned men and women across America, several cases will mark when they received the right to be cured of Hepatitis C: 1) Abu-Jamal v. Wetzel (Civ. A. No. 16-2000, 2017 WL 34700 [M.D. Pa. Jan 3, 2017]); 2) Postawko v. Mis... More...

$0 (11-20-2023 - PA)

Don Ray Adams v. Frank D. Gillis, et al.

Â Â Â Â Â Â Â Â Petitioner Don Ray Adams ("Adams") was convicted of murder in the first-degree, murder in the second-degree, and possessing an instrument of crime; on November 12, 1992 he was sentenced to life imprisonment. The Pennsylvania Superior Court affirmed the convictions and allocatur was denied by the Supreme Court of Pennsylvania on July 6, 1995. Â Â Â Â Â ... More...

$0 (01-31-2003 - PA)

Gary Eugene Segraves v. District Attorney of Lycoming County, et al.

Lycoming, Pennsylvania civil rights lawyer represented Plaintiff, who sued Defendants seeking a writ of habeas corpus seeking a newtrial on his convictions for numerous sexual offenses arising from the rape of his step- daughter, B.H. Defendant advanced multiple claims including ineffective assistance of counsel. The Supreme Court has held that part of the right to counsel i... More...

$0 (05-11-2022 - PA)

Lawrence Gaines v. Superintendent Benner Township SCI, et al.

Philadelphia, Pennsylvania civil rights lawyer represented Plaintiff seeking a writ of habeas corpus. Lawrence Gaines was convicted in Pennsylvania state court of first-degree murder under 18 PA. CONS. STAT. Â§ 2502. After pursuing direct and collateral proceedings in Pennsylvania, Gaines petitioned for habeas relief pursuant to 28 U.S.C. Â§ 2254. The District Court gr... More...

$0 (05-12-2022 - PA)

United States of America v. Nikolaos Vastardis

<center><h2> Philadelphia, PA - International Convention for the Prevention of Pollution lawyer represented defendant with appealing his conviction and sentence for crimes that allegedly took place while he was Chief Engineer onboard a Liberian-registered petroleum tanker charge. </h2></center> During ordinary operation, oceangoing petroleum tankers a... More...

$0 (12-31-2021 - PA)

United States of America v. Michael Arrington

<center><h2><center> Philadelphia, PA - Criminal defense lawyer represented defendant with possession with the intent to distribute controlled substances, conspiracy to do the same, and traveling in interstate commerce with the intent to facilitate unlawful activity charges.</h2></center> Arrington has a long criminal history, including multiple drug... More...

$0 (09-18-2021 - PA)

United States of America v. MOHAMMED KWANING, a/k/a Kofi

<center><h2><center> Philadelphia, PA - Criminal defense lawyer represented defendant with petitions this court for a writ of habeas corpus. </h2></center> We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process... More...

$0 (08-25-2021 - PA)

United States of America v. COREY GRANT

<center><h2><center> Philadelphia, PA - Criminal defense lawyer represented defendant with a conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) charge. </h2></center> In March 1987, law enforcement officials in Elizabeth, New Jersey learned of gang activities emanating from a group known as the E-Port Posse. Led by an ... More...

$0 (08-24-2021 - PA)

United States of America v. Jesse Carey

Wilkes-Barre, PA - The United States of America chrged Jesse Carey with drug possession with intent to distribute. Jesse Carey, age 33, formerly of Wilkes-Barre, Luzerne County, entered guilty pleas on January 6, 2019, before U.S. District Court Judge Malachy E. Mannion, to two counts of possession with intent to distribute cocaine and heroin stemming from separate incidents in Monroe and... More...

$0 (01-14-2020 - PA)

Commonwealth of Pennsylvania v. Nicoli A. Santana

<center> <img width="300" src="http://www.pacourts.us/assets/images/setting-138-660x325/image-1402.png?cb=3ed769"> </center> Reading, PA - The Commonwealth of Pennsylvania charged Nicoli A. Santana, age 38, first-degree murder for shooting and killing Ian Moore, age 32, outside a bar in March 2017. Defendant was charged with first-degree murder, aggravated assault, possession ... More...

$0 (01-30-2019 - PA)

Melvin Keith Richardson v. Superintendent Coal Township SCI

<center> <img width="300" src="http://www.paep.uscourts.gov/sites/paep/files/styles/gallery_slider_full/public/phila1_0.jpg?itok=2YIDLoh-"> </center> Melvin Richardson was denied counsel for part of his state-court sentencing. But neither his post-sentencing lawyer nor his state-habeas lawyer challenged that denial of counsel. Now, 3 on federal habeas, he seeks to cha... More...

$0 (10-02-2018 - PA)

UNITED STATES OF AMERICA v. ROY ALLEN GREEN <table> <td>

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). ... More...

$0 (08-17-2018 - PA)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al.

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after... More...

$0 (07-12-2018 - PA)

Eric Greene, a/k/a Jarmaine Q. Trice

Eric Greene appeals from the denial of his motion to vacate the final judgment entered against him in his habeas corpus challenge to the validity of his 1996 state court conviction on charges of second degree murder, robbery, and conspiracy to commit robbery. At the core of this appeal is whether the failure to properly present to the state courts a claim that Greene’s direct appeal counsel was ... More...

$0 (02-09-2018 - PA)

United States of America v. Robert C. Cordaro

Harrisburg, PA - Public Corruption Convictions For Former Lackawanna County Commissioner Robert C. Cordaro Upheld United States District Court Judge A. Richard Caputo denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. Specifically, Judge Caputo adopted the Report and Recommendation of Mag... More...

$0 (12-12-2017 - PA)

Joan Kedra v. Richard Schroeter

This case arises from the grievous death of State Trooper David Kedra, who was shot and killed by his instructor, then-Corporal Richard Schroeter, during a routine firearms training. Although a long-term veteran of the police force and specifically certified in the safe use of firearms, ** Honorable Michael J. Melloy, Senior Circuit Judge, United States Court of Appeals for... More...

$0 (12-03-2017 - PA)

Paul Satterfield v. District Attorney of Philadelphia Co0unty; Attorney General of Pennsylvania; Secretary Pennsylvania Department of Corrections

Society views the conviction of an innocent person as perhaps the most grievous mistake our judicial system can commit. Reflecting the gravity of such an affront to liberty, the “fundamental miscarriage of justice” exception has evolved to allow habeas corpus petitioners to litigate their constitutional claims despite certain procedural bars if the petitioner can make a... More...

$0 (10-13-2017 - PA)

Joseph E. De Ritts v. Thomas J. McGarrigle, et al.

To explain a perceived demotion to judges, other attorneys, and county officials, Appellee, an Assistant Public Defender, circulated a rumor he had heard and alleged he was being punished for taking too many cases to trial. After the Public Defender fired Appellee for those statements, Appellee filed suit, claiming a violation of his First Amendment rights, and the District Court denied the Public... More...

$0 (06-29-2017 - PA)

William Johnson v. Marirosa Lamas

In the early morning hours of August 26, 2005, off-duty police officer Terrence Flomo was shot to death while he sat in his car near the intersection of 20th Street and Cecil B. Moore Avenue in North Philadelphia. The Commonwealth charged William Johnson and Mumin Slaughter with murder based on witness identifications and forensic testimony. The shooting occurred after Flomo had stopped his car an... More...

$0 (03-03-2017 - PA)

UNITED STATES OF AMERICA v. JOHNNY VASQUEZ-ALGARIN

In 2010, an arrest warrant was issued for Edguardo Rivera,1 a suspect in a homicide case. Deputy U.S. Marshal Gary Duncan, a member of the Dauphin County Fugitive Task Force, received information from another law enforcement officer and from street informants that Rivera was “staying” or “residing” at an address on North 13th Street in Harrisburg, Pennsylvania. App. 25–26, 35–36. Wi... More...

$0 (05-02-2016 - PA)

JAMES DELLAVECCHIA v. SECRETARY OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS

Because the District Court did not hold an evidentiary hearing, we draw our statement of facts from the evidence at the trial and a state-court pretrial hearing on a motion that Dellavecchia filed seeking to suppress his statement.2 Dellavecchia committed the crimes on October 10, 2011. The events of that day started at approximately 6:00 a.m., when Scott Robins exited his house on Sylvania Aven... More...

$0 (04-18-2016 - PA)

United States of America v. Joaquin Foy a/k/a Isa El-Mahde

Joaquin Foy appeals from an order entered by the District Court in the Eastern District of Pennsylvania on December 7, 2010, denying his motion filed under Fed. R. Civ. P. 60(d)(3) on November 18, 2010, seeking to vacate an order of civil 3 commitment pursuant to which he was confined at that time and thus requesting that he be released. Although the Eastern District Court previously had i... More...

$0 (10-05-2015 - PA)

Raymond Bronowicz v. County of Allegheny

Bronowicz’s § 1983 claims arise from a complicated series of sentencing and probation revocation proceedings that allegedly had the cumulative effect of unlawfully imposing on Bronowicz additional penalties for criminal judgments that had already been satisfied. Because the sequence of events that culminated in his wrongful incarceration is complex, we must discuss the initial criminal charges... More...

$0 (09-27-2015 - PA)

United States of America v. Edward Ross

Edward Ross appeals from the denial of his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his criminal sentence. He asserts that his trial and appellate counsel rendered ineffective assistance to him when they failed both to challenge a deficient jury instruction and to challenge the sufficiency of the evidence on one of his counts of conviction. Because we... More...

$0 (09-15-2015 - PA)

HAN TAK LEE v. SUPERINTENDENT HOUTZDALE

Mr. Lee’s daughter, Ji Yun Lee, suffered from severe mental illness throughout her life, experiencing both suicidal and homicidal ideation. She lived with her family in New York during the summer of 1989. In the early morning of July 28, police officers found Lee retrieving personal items from the street that his daughter had thrown out the window. The officers entered the house and found Ji ... More...

$0 (08-23-2015 - PA)

Han Tak Lee v. Superintendent Houtzdale Sci

Appellee Han Tak Lee was convicted of murdering his daughter based primarily on scientific evidence that, as the Commonwealth now concedes, is discredited by subsequent scientific developments. Lee thus filed a § 2254 habeas petition claiming his conviction violated due process. The District Court granted habeas relief, and we affirm. 3 I. Background1 Mr. Lee’s daughter, Ji Yun Lee,... More...

$0 (08-18-2015 - PA)

Eric Norris v. Marilyn Brooks

Norris was arrested by Philadelphia police in June 1999 for committing an aggravated assault about a year earlier. His trial began in the Court of Common Pleas of Philadelphia County in August 2001 and ended in a conviction. At the conclusion of the trial, Norris complained that his counsel had been ineffective, and the court appointed new counsel to argue post-verdict motions. That attorney lodge... More...

$0 (08-16-2015 - PA)

Eric D. Norris v. Marily Brooks

Philadelphia, PA - Third Circuit refuses to grant habeas corpus relief based on ineffective assistance of counsel Eric Norris, a state prisoner in Pennsylvania, petitioned for a writ of habeas corpus in the United States District Court for the Eastern District of Pennsylvania in 2007. The District Court denied the petition, holding that his claim of ineffective assistance of trial counsel... More...

$0 (07-27-2015 - PA)

Michael E. Siluk, Jr. v. Catherine Merwin

We are asked to interpret provisions of the Prison Litigation Reform Act ("PLRAâ€) requiring federal prisons to withdraw certain amounts from prisoner trust accounts to pay 1 The attorneys for the appellant are appearing pro bono following a prior order granting appellant's motion to proceed in forma pauperis. The judges of this court express our gratitude to those attorneys for accepting... More...

$0 (04-10-2015 - PA)

A.S. v. Smithkline Beecham Corp. d/b/a GlaxoSmithkline

A.S. and Sallee Miller ("Plaintiffsâ€) filed suit in Pennsylvania state court against GlaxoSmithKline LLC ("GSKâ€) claiming that its drug, Paxil, caused birth defects. GSK removed the case to the United States District Court for the Eastern District of Pennsylvania. The District Court1 remanded the case, finding that GSK was a citizen of Pennsylvania and therefore ineligible to remove th... More...

$0 (10-10-2014 - PA)

United States of America v. Billy Joe Reynolds

This case returns to us after the Supreme Court's review in Reynolds v. United States, 132 S. Ct. 975 (2012). Remand requires that we reach the merits of Reynolds's claim that the regulatory rule upon which his 3 indictment was based was promulgated in violation of the Administrative Procedure Act ("APAâ€). This claim gives rise to three questions: (1) What is the appropriat... More...

$0 (03-14-2013 - PA)

Mary Burton v. Teleflex, Inc.

Appellant Mary Burton ("Burtonâ€) alleges that her employer, Teleflex Inc. ("Teleflexâ€),1 terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Â§ 621 et seq., and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. Â§ 2000e et seq. Burton also alleges various state law discrimination, contract, and tort claims against Tele... More...

$0 (02-21-2013 - PA)

B.S. v. Somerset County

Appellant B.S. ("Motherâ€) is the natural mother of M.N. ("Daughterâ€), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother's care in accordance with a court order that transferred custody to the child's natural father, E.N. ("Fatherâ€). Mother claims that Somerset County (the "Countyâ€), along with Somerset County Children and You... More...

$0 (01-11-2013 - PA)

Antwan Hall v. Warden, Lebanon Correctional Institution

Antwan Hall was convicted of several felony offenses in an Ohio state court and sentenced to a maximum term of 27 years in prison. After exhausting his direct appeals and his petition for postconviction relief in the state courts, Hall filed a petition for a writ of habeas corpus in federal district court. He submitted the petition five days after the one-year statute of limitations for filing a ... More...

$0 (11-30-2011 - PA)

Alexander Alli v. Thomas Decker

Appellants in this case seek to represent a putative class of aliens who are detained, pursuant to 8 U.S.C. Â§ 1226(c), pending their removal proceedings. The class complaint, filed in the United States District Court for the Middle District of Pennsylvania, sought a declaratory judgment that the continued detention of the class members, without bond hearings, violates the Immigration and Nation... More...

$0 (06-21-2011 - PA)

Steven I v. Central Bucks School District

We are asked on this appeal to resolve a conflict among the district courts in our circuit, most notably in Pennsylvania, regarding the applicability of the statute of limitations enacted as part of the 2004 amendments to the Individuals with Disabilities Education Improvement Act ("IDEA 2004â€) to compensatory education claims that are brought after the statute's effective date but that aris... More...

$0 (08-18-2010 - PA)

Emmitt Grier, Jr. v. Superintendent Edward J. Klem

Appellant-Plaintiff Emmitt Grier, Jr. ("Grierâ€) appeals from the District Court's decision granting Appellee- Defendants Erie County District Attorney's ("District Attorneyâ€) and Superintendent Edward Klem's motion to dismiss his Â§ 1983 claim, determining it is barred by the Heck rule.1 For the following reasons, this Court will vacate the District Court's order and remand for furth... More...

$0 (01-13-2010 - PA)

Acumed, LLC; Surgical Resources of Pennsylvania, Inc. v. Advanced Surgical Services, Inc.; Robert Morris

This matter comes on before this Court on an appeal from a final order entered in the District Court on May 21, 2007, accompanying an opinion dated May 18, 2007, as well as from a separate judgment for compensatory and punitive damages in this case involving claims and counterclaims among parties in the surgical implant business. See Acumed LLC v. Advanced Surgical Servs., Inc., Civ. No. 05-2711, ... More...

$0 (03-23-2009 - PA)

<a href="http://www.ca3.uscourts.gov/opinarch/062483p.pdf" target="_new">Janice B. Leckey, et al. v. Paul W. Stefano, et al.</a>

This is a battle for William Knapp's estate. It is in federal court because he kept much of his wealth in employee benefit trusts that were subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461. Boiled down, plaintiff Janice Leckey, on behalf of herself and the estate of her deceased mother Evelyn Knapp (who initiated this suit before she d... More...

$0 (09-03-2007 - PA)