A blog of the Philadelphia Bar Association’s Criminal Justice Section

third  circuit

By Burt Rose

Click for Opinion

On August 9, 2013, the United States Court of Appeals for the Third Circuit granted a new trial in United States vs Terrell Davis, Appellant, 2013 WL 4035547, # 12–1486, holding that a defendant’s two prior convictions for possession of cocaine were not admissible at a trial sur Rule 404(b) where he was charged with possession of cocaine with intent to distribute. Importantly, the error was not harmless even though the District Court provided a limiting instruction in its final jury charge, as “No instruction could have eliminated the infirmity at the heart of this case”.

The Panel was composed of Judges McKee, Greenaway and Smith, who wrote the Opinion. There was no dissent. The District Court judge was Judge R. Barclay Surrick.

Attorneys Christopher Furlong and Mark Cedrone represented the Appellant.

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Tag Cloud

%d bloggers like this: