Pennsylvania Secretary of State Will Soon Decide on County…

On December 21, U.S. District Court Lawrence Stengel held a status conference in Constitution Party of Pennsylvania v Cortes, 5:12cv-2726. As already reported, on December 13 the Third Circuit had issued a ruling in this case, casting doubt on whether the county distribution requirement for minor party and independent candidate statewide candidates is constitutional.

Third Circuit Says U.S. District Court in 2016 Should Not Have…

Third Circuit Says U.S. District Court in 2016 Should Not Have Imposed County Distribution Requirements without Finding That They Would be Harmless On December 13, the Third Circuit issued an 18-page opinion in Constitution Party of Pennsylvania v Cortes, 16-3266. The decision says that last year's decision by the U.S. District Court, rewriting the Pennsylvania ballot access laws for minor party and independent candidates, was faulty.

Court: Movie theatres must accommodate deaf-blind patrons

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.

Mom can’t blame faulty home security system for son’s murder, U.S. court rules

The failure of a well-known home alarm system can't provide legal grounds for a mother's lawsuit over the murder of her son, a federal appeals court has ruled. That decision by a panel of the U.S. Court of Appeals for the Third Circuit spares ADT Corp. and Honeywell International LLC from the suit over the March 2015 slaying of an eastern Pennsylvania man.

Carlisle man convicted for his role in the 1992 murder of a witness

A Carlisle man has been convicted of the 1992 murder of a witness in a case against his brother - for the third time. According to the the U.S. Attorney's Office for the Middle District of Pennsylvania, a jury found Willie Tyler, 65, guilty of witness tampering through physical force and murder, returning with a verdict after deliberating for two hours.

US 3rd Circuit Court approves appeal in civil lawsuit dismissal

Even at 81 years old, Don R. Ickes of Bedford County is continuing to pursue a civil lawsuit against several area police officers whom he claims roughed him up during a traffic stop nearly six years ago. Ickes said upon receiving notice that the U.S. 3rd Circuit Court of Appeals in Philadelphia agreed to hear his appeal from the U.S. District Court's ruling last August dismissing the lawsuit.

Who is Trump’s high court pick? Announcement coming tonight

President Donald Trump was poised Tuesday to announce his choice to fill the vacancy on the Supreme Court, one of the most consequential moves of his young administration and a decision with ramifications that could long outlast his time in office. Trump is said to have made his selection from a group of three finalists, all federal appeals court judges appointed by former President George W. Bush: Neil Gorsuch, Thomas Hardiman and William Pryor.

Possible Supreme Court nominees in Washington ahead of announcement

Two judges reportedly on President Donald Trump's short list to be a nominee for the Supreme Court were on the way Tuesday to Washington, DC. CNN reports that Thomas Hardiman and Neil Gorsuch are being brought to the White House in advance of the announcement at 8 p.m. ET.

Refugee students win round in appeals court over attending Lancaster high school

Refugee students who want to attend McCaskey High School rather than a private alternative school cleared another legal hurdle Monday when a federal appeals court sided with them, according to a news release from the lawyers representing the students. The Court of Appeals for the Third Circuit, in Philadelphia, upheld the ruling of Judge Edward Smith of the Eastern District of Pennsylvania in August 2016, who said the School District of Lancaster violated the civil rights of older immigrant students under the Equal Educational Opportunities Act.

Former congressman’s request to delay prison term is denied

" A federal appeals court has denied a disgraced former Pennsylvania congressman's request to remain free while appealing his conviction on racketeering charges while his supporters seek a reprieve from President Barack Obama. The U.S. Court of Appeals for the Third Circuit rejected former U.S. Rep. Chaka Fattah's petition on Tuesday along with similar pleas made by two of his co-defendants.

Court rejects appeal by parents of Pittston Area student

The U.S. Third Circuit Court of Appeals on Monday rejected an appeal by the parents of a Pittston Area School District student who was berated by a teacher using what a judge termed "highly inappropriate and unprofessional" language. U.S. District Judge Malachy E. Mannion ruled last year that the teacher, Kelli Diaz - who is still a social studies teacher who uses the married name Kelli Pavalonis - was wrong in asking a student identified only as A.H. if he had Tourette syndrome and in telling him to "shut up" and that she was "not the only teacher who can't stand you."

It’s Entirely Reasonable For Police To Swipe a Suspicious Gift Card, Says Court

An anonymous reader quotes Ars Technica: A U.S. federal appeals court has found that law enforcement can, without a warrant, swipe credit cards and gift cards to reveal the information encoded on the magnetic stripe . It's the third such federal appellate court to reach this conclusion.

Appeals court won’t toss charges against NJ Sen. Menendez

A federal appeals court won't dismiss corruption charges against U.S. Sen. Bob Menendez of New Jersey. An attorney for the indicted Democrat had asked the full 3rd U.S. Circuit Court of Appeals in Philadelphia to review a three-judge panel's ruling allowing the case against him to move forward.