[DOWNLOAD] "Singer v. Court of Common Pleas" by United States Court of Appeals for the Third Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Singer v. Court of Common Pleas
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 17, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Opinion OF THE COURT GIBBONS, Chief Judge William E. Singer appeals from an order of the District Court which rejected the report and recommendation of a United States Magistrate that Singer's petition for a writ of habeas corpus be granted, and denied the petition. Singer is under sentence by the Court of Common Pleas of Bucks County, Pennsylvania, following his conviction of simple assault on his wife and stepdaughter and of aggravated assault on a police officer in violation of 18 Pa.Cons.Stat. § 2702(a)(3) (1982). His state court remedies on all issues he raised in his federal habeas corpus petition have been exhausted. We will reverse the district court order and remand for the entry of an order (1) granting habeas corpus relief unconditionally on the aggravated assault sentence and (2) granting habeas corpus relief on the simple assault sentences conditional upon the Commonwealth granting Singer a new trial on those charges within a reasonable time. The Magistrate and the District Court decided the petition on the basis of the state court record. Singer's habeas corpus petition asserts: (1) that his conviction for aggravated assault was unconstitutional (a) because the record at trial is critically deficient with respect to a necessary element of the offense, and (b) because the trial court refused to permit the jury to determine that element; (2) that both the aggravated assault conviction and the simple assault convictions are unconstitutional because Singer was deprived at trial of the effective assistance of counsel; and (3) that illegally obtained evidence was admitted at his trial, and no opportunity was afforded him in the court of common pleas for a hearing on suppression of that evidence. We will refer separately to the facts of record with respect to each contention.

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