Category Archives: Uncategorized

A JUDGE, A PROSECUTOR AND A DEFENSE LAWYER WORK TOGETHER TO GIVE THE JUDGES OF THE THIRD CIRCUIT AND UNBELIEVABLE CASE

By Buck Files

A prosecutor who is overly aggressive can introduce error into the trial of a case. A defense lawyer who sits on his hands and does not object can limit the appellate court’s consideration of an issue to a plain error standard. A trial judge who considers testimony improperly adduced by an aggressive prosecutor in determining what sentence to impose can make the case difficult for an appellate court to affirm. Continue reading A JUDGE, A PROSECUTOR AND A DEFENSE LAWYER WORK TOGETHER TO GIVE THE JUDGES OF THE THIRD CIRCUIT AND UNBELIEVABLE CASE

A Non-Routine Border Search Issue

Sometimes words don’t mean what they should. Consider, for example, the words “border search.” Where would a border search be conducted? At the border. Wrong. If you go to WestLaw’s ALLFEDS database and type in the query “international airport” & “border search,” you will see that there have been 337 cases that arose out of border searches conducted at international airports. Continue reading A Non-Routine Border Search Issue

Judge Delgado-Colon “Skirted Near the Line” But Didn’t Cross It

More than forty years ago, United States District Judge William Wayne Justice appointed me to represent a pro se petitioner who was seeking habeas relief in his court. This petitioner had also appeared pro se in a divorce proceeding and had been called to the stand by his wife’s lawyer. While testifying, he admitted to many acts of sexual intercourse with his young daughter. After that case was concluded, the trial judge had a statement of facts prepared and sent it to the local district attorney. Continue reading Judge Delgado-Colon “Skirted Near the Line” But Didn’t Cross It