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| David v. Derosa, NO. 05-4131,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Inmate was afforded due process at a disciplinary hearing because he received written notice well before the hearing, he was advised of his rights and was represented at the hearing, he provided a statement in his own behalf, and did not substantiate his charge that the process was not impartial; his habeas petition was properly denied.
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| Encarnacion-Mendez v. AG of the United States, NO. 05-3429,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: A petition for review of a deportation order was denied because ab alien failed to exhaust his administrative remedies with respect to a § 212(c) waiver issue as required by 8 U.S.C.S. § 1252(d)(1), all claims relating to a 1998 immigration proceeding were untimely under 8 U.S.C.S. § 1252(d)(1), and his detention did not violate due process.
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| Febres v. Camden Bd. of Educ., No. 05-1178,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Opinion Filed
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Overview: Appeals court reinstated a wrongful termination suit against local school board on a finding that the district court had erred in finding that the board had Eleventh Amendment immunity as an "arm of the state" because board was distinct legal entity, was only subject to limited state oversight, and state was not liable to pay judgments against it.
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| Greb v. Potter, NO. 05-3718,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Employee's physical limitations resulted in limited-duty position status, but this did not itself confer disability status under the Rehabilitation Act of 1973, 29 U.S.C.S. § 791 et seq. Nor did the employee's supervisor's actions, although discomfiting and embarrassing, reach the level of a hostile work environment under Title VII.
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| Purwanti v. AG of the United States, No: 05-1439, No: 05-2112,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: The alien was the victim of attacks by native Indonesians on people who appeared to have some form of wealth. While she was the unfortunate victim of numerous crimes, none of these rose to the level of persecution and she was not eligible for asylum.
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| Rolan v. Vaughn, No. 04-4322,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Because the findings of fact on a witness's unwillingness to testify were unreasonable and, defendant's attorney's failure to investigate self-defense witnesses was unreasonable, and there was a reasonable probability that but for that failure the result would have been different, appellate court affirmed district court's grant of habeas relief.
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| Satkauskas v. AG of the United States, NO. 05-3211,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Alien's petition was denied, where BIA determined alien did not show it was more likely than not he would be persecuted upon return to Lithuania; evidence did not compel contrary conclusion. Where other district court received timely petition and forwarded it to instant court, 28 U.S.C.S. § 1631, instant court had jurisdiction to consider petition.
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| United States v. Carter, No: 04-3782,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: In light of the physical evidence linking defendant to the crime including the boots he was wearing, the handgun found in a white shopping bag in a vehicle defendant was driving, and $ 53,000 in bank money wrappers with defendant's fingerprints on them, denial of defendant's motion for acquittal on his 18 U.S.C.S. § 924(c) conviction was not error.
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| United States v. Powell, No. 04-2120,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Defendant's reasonable expectation of privacy was reduced because he was on probation and had consented to warrantless searches; at the same time, government had an increased interest in monitoring his behavior. Thus, reasonable suspicion was sufficient to satisfy the Fourth Amendment for a warrantless search by a probation officer.
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| United States v. Tyson, No. 05-1783,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 18, 2006, Filed
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Overview: Defendant was properly sentenced after his guilty plea drug conviction because the presentence investigation report met the requirements of Fed. R. Crim. P. 32. Thus, the district court had a sufficient basis to exercise its sentencing discretion under 18 U.S.C.S. § 3553(a), and it expressly considered the statutory sentencing factors.
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