Opinion
CIVIL ACTION NO. 14-02679
07-25-2014
JOSEPH TELL v. PHILA. DISTRICT ATTORNEY
REPORT AND RECOMMENDATION RICHARD A. LLORET
U.S. Magistrate Judge
On May 8, 2014, Joseph Tell filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. Docket No. 1, "Petition." In the petition he named the Philadelphia District Attorney as defendant. Petition, p. 1. Tell claims that the "prosecution has failed to bring my case to trial within 180 days." Petition, ¶ 7(a). He also claims that "Pa C.S.A. states a criminal defendant must be brought to trial within 180 days of detention or if prosecution does not the charges must be withdrawn with predudice [sic]." Id. Tell alleges he was arrested September 8, 2013, and that as of the date of his petition (May 8, 2014) "over 240 days have elapsed." Petition, ¶ 8. Petitioner asks for immediate release. Petition, ¶ 8. In response to a question about whether he had presented his claim to a state or federal court, Tell stated "I have filed 3 600 rule violation petitions with Criminal Justice Center 1301 Filbert Street Rm. 206. . ." Petition, p. 4. The District Court referred this matter to me for a report and recommendation. Docket, No. 2.
Tell does not actually allege a violation of a federal constitutional right in his petition. I will construe the petition liberally as an effort to allege a Sixth Amendment speedy trial claim. See Rainey v. Varner, 603 F.3d 189, 198 (3d Cir. 2010).
A review of Petitioner's state court docket reveals that on several occasions Mr. Tell's attorney has requested continuances. Docket in Commonwealth of Pennsylvania v. Joseph Tell, No. CP-51-CR-0013637-2013, Court of Common Pleas of Philadelphia County ("CCP," a copy of which is attached as Exhibit "A"), pp. 4-6. The docket also reveals that Mr. Tell moved to have new counsel appointed, on March 17, 2014, and that Tell's new attorney entered an appearance on March 18, 2014. CCP, p. 6. A status listing was held on April 3, 2014, and a trial scheduled for May 11, 2014. CCP, p. 7. There is no indication from the docket that a trial took place. On and after the date of the last trial readiness conference, April 10, 2014, Mr. Tell filed a number of motions in the trial court that apparently remain unresolved. CCP, p. 7-8. Petitioner's case is still waiting for trial, and there has been no appeal.
It is appropriate to take judicial notice of the state court records in Tell's case. See Furnari v. Warden, Allenwood Fed. Corr. Inst., 218 F.3d 250, 255-56 (3d Cir. 2000); U. S. ex rel. Geisler v. Walters, 510 F.2d 887, 890 n.4 (3d Cir. 1975).
Ordinarily a prisoner must present all of his claims to a state's intermediate appellate courts, as well as to its supreme court, before a district court may entertain a federal petition for habeas corpus, whether brought under 28 U.S.C. § 2254(b)(1)(A) or § 2241. See Schandelmeier v. Cunningham, 819 F.2d 52, 53 (3d Cir. 1986) ("The state court exhaustion requirement is mandated by statute under 28 U.S.C. § 2254(b) and has developed through decisional law . . . as to claims brought under 28 U.S.C. § 2241") (citations and internal quotations omitted); Moore v. DeYoung, 515 F.2d 437, 442 (3d Cir.1975) (no distinction between § 2254 and § 2241 "insofar as the exhaustion requirement is concerned"). The Third Circuit explained why:
As a result of In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, No. 218 Judicial Administration Docket No. 1 (Pa. May 9, 2000), Pennsylvania prisoners need not appeal to the Pennsylvania Supreme Court in order to exhaust their state remedies. Lambert v. Blackwell, 387 F.3d 210, 233 (3d Cir. 2004).
--------
"[F]ederal habeas corpus does not lie, absent 'special circumstances,' to adjudicate the merits of an affirmative defense to a state criminal charge prior to a judgment of conviction by a state court." Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 489 (1973). The rule is premised on the notion of comity, a principle of deference and "proper respect" for state governmental functions in our federal system. See Younger v. Harris, 401 U.S. 37, 44 (1971).Evans v. Court of Common Pleas, Delaware Cnty., Pa., 959 F.2d 1227, 1234 (3d Cir. 1992). "The exhaustion requirement ensures that state courts have the first opportunity to review federal constitutional challenges to state convictions and preserves the role of state courts in protecting federally guaranteed rights." Caswell v. Ryan, 953 F.2d 853, 857 (3d Cir. 1992).
The exhaustion requirement is satisfied if a claim is "fairly presented" to the state courts. Duncan v. Henry, 513 U.S. 364, 365 (1995) (quoting Picard v. Connor, 404 U.S. 270, 275 (1971)). A claim is "fairly presented" when "both the legal theory and the facts supporting a federal claim . . . have been submitted to the state courts." Lesko v. Owens, 881 F.2d 44, 50 (3d Cir.1989) (citations omitted).
While federal courts have jurisdiction to issue a habeas writ before a judgment issues in a state criminal proceeding, "jurisdiction without exhaustion should not be exercised at the pre-trial stage unless extraordinary circumstances are present." Moore, 515 F.2dat 441-43 (citations omitted). A petitioner must allege "delay, harassment, bad faith or other intentional activity" in order to establish the "extraordinary circumstances" that would justify pre-exhaustion federal habeas relief. Lambert v. Blackwell, 134 F.3d 506, 517 (3d Cir.1997) (quoting Moore, 515 F.2d at 447 n. 12).
In Moore the Court of Appeals held that a state prisoner had failed to establish "extraordinary circumstances," despite the Court's "distress with the manner in which a state law enforcement office has conducted the proceedings[.]"515 F.2d at 439. Moore, a state prisoner, had been "exposed to state court trial in New Jersey since 1967." Id. In 1973 Moore filed a federal habeas action seeking the dismissal of his state case on speedy trial grounds. Id. The Court distinguished Braden, in which the Supreme Court had permitted a pre-trial habeas petition based on an alleged speedy trial violation. 515 F.2d at 444, 446. In Braden, unlike Moore, petitioner had exhausted his state remedies, and in Braden the petitioner sought to force the Commonwealth to bring him to trial, rather than to have his case dismissed. 515 F.2d at 444, 446.
The delay in Tell's case is perfectly ordinary. At least some of it was occasioned by relief sought by Tell or his attorney. The delay is nowhere near as lengthy as the delay considered in Moore, where the Court denied a writ. Tell's case is "precisely the situation anticipated by the Supreme Court's caveat that federal courts should not permit the claimed denial of a speedy trial, presented in a pre-trial application for habeas, to result in the 'derailment of a pending state proceeding.'" 515 F.2d at 445-46 (citing to Braden, 410 U.S. at 493).
By order dated July 7, 2014, I required the parties to state a basis for objecting to dismissal of the petition without prejudice by July 21, 2014. Docket, No. 3. No objection has been filed. Petitioner has not exhausted his state remedies, nor do the allegations of his petition establish the "extraordinary circumstances" necessary to avoid the exhaustion requirement.
Accordingly, I make the following:
RECOMMENDATION
AND NOW, this 25th day of July, 2014, it is respectfully recommended that Joseph Tell's petition for habeas corpus be DISMISSED, without prejudice.
BY THE COURT:
s/Richard A. Lloret
RICHARD A. LLORET
U.S. MAGISTRATE JUDGE
EXHIBIT A
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| CASE INFORMATION | |
| Judqe Assiqned: Briaht, Gwendolyn N. | Date Filed: 11/01/2013 Initiation Date: 11/01/2013 |
| OTN: N 880002-4 LOTN: | Originating Docket No: MC-51-CR-0035133-2013 |
| Initial Issuina Authority Wendy L. Pew | Final Issuino Authority: |
| Arrestinq Aoency: Philadelphia Pd | Arresting Officer: Campbell. Joseph G. |
| Complaint/Incident #: 1315086150-0035133 | |
| Case Local Number Type(s) | Case Local Number(s) |
| Originating Docket Number | MC-51-CR-0035133-2013 |
| District Control Number | 1315086150 |
| Originating Document Number | 1315086150-0035133 |
| STATUS INFORMATION | ||||
| Case Status: Active | Status Date | Processinq Status | Arrest Date: | 09/09/2013 |
| 04/03/2014 | Awaiting Trial Readiness Conference | |||
| 04/03/2014 | Awaiting Trial | |||
| 11/21/2013 | Awaiting Pre-Trial Conference | |||
| 11/08/2013 | Awaiting Formal Arraignment | |||
| 11/01/2013 | Awaiting Filing of Information |
| CALENDAR EVENTS | |||||
| Case Calendar Event Type | Schedule Start Date | Start Time | Room | Judqe Name | Schedule Status |
| Formal Arraignment | 11/21/2013 | 11:00 am | 1104 | Scheduled | |
| Pre-Trial | 12/10/2013 | 9:00 am | 1005 | Judge Donna Woelpper | Scheduled |
| Conference | |||||
| Pretrial Bring Back | 12/17/2013 | 9:00 am | 1005 | Judge Donna Woelpper | Continued |
| Pretrial Bring Back | 01/14/2014 | 9:00 am | 1005 | Judge Donna Woelpper | Scheduled |
| Scheduling | 02/03/2014 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Continued |
| Conference | |||||
| Scheduling | 02/12/2014 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Continued |
| Conference | |||||
| Scheduling | 02/25/2014 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Continued |
| Conference | |||||
| Scheduling | 03/17/2014 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Scheduled |
| Conference | |||||
| Status Listing | 04/03/2014 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Scheduled |
| Trial Readiness | 04/10/2015 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Scheduled |
| Conference | |||||
| Trial | 05/11/2015 | 9:00 am | 1102 | Judge Gwendolyn N. Bright | Scheduled |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa C S Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| CONFINEMENT INFORMATION | ||||
| Confinement Known As Of | Confinement Type | Destination Location | Confinement Reason | Still in Custody |
| 09/09/2013 | County Jail | Curran-Fromhold Corr. Fac. | Yes |
| DEFENDANT INFORMATION | ||
| Date Of Birth: | 10/05/1958 | City/State/Zip: Philadelphia. PA 19135 |
| CASE PARTICIPANT | ||
| Participant Tyoe | Name | |
| Defendant | Tell, Joseph |
| BAIL INFORMATION | |||||
| Tell, Joseph | Nebbia Status: None | ||||
| Bail Action | Date | Bail Type | Percentage | Amount | Bail Posting Status Posting Date |
| Set | 09/09/2013 | Monetary | 10,00% | $700,000.00 | |
| Decrease Bail Amount | 10/10/2013 | Monetary | 10.00% | $100,000.00 |
| CHARGES | |||||
| Seq. | Orig Seq. | Grade Statute | Statute Description | Offense Dt. | OTN |
| 1 | 1 | 18 § 3123 | IDSI Forcible Compulsion | 09/08/2013 | N 880002-4 |
| 2 | 2 | 18 § 3124.1 | Sexual Assault | 09/08/2013 | N 880002-4 |
| 3 | 3 | 18 § 2902 | Unlawful Restraint/ Serious Bodily Injury | 09/08/2013 | N 880002-4 |
| 4 | 4 | 18 § 3126 | Indecent Assault Forcible Compulsion | 09/08/2013 | N 880002-4 |
| 5 | 5 | 18 § 3127 | Indecent Exposure | 09/08/2013 | N 880002-4 |
| 6 | 6 | 18 § 2903 | False Imprisonment | 09/08/2013 | N 880002-4 |
| DISPOSITION SENTENCING/PENALTIES | ||
| Disposition Case Event Seauence/Description Sentencina Judge Sentence/Diversion Proaram Tvoe Sentence Conditions | Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period | Final Disposition Grade Section Credit For Time Served Start Date |
| Lower Court Proceeding (generic) Preliminary Hearing 1 / IDSI Forcible Compulsion 2 / Sexual Assault 3 / Unlawful Restraint/ Serious Bodily Injury 4 / Indecent Assault Forcible Compulsion 5 / Indecent Exposure | 10/31/2013 Held for Court Held for Court Held for Court Held for Court Held for Court | Not Final 18 § 3123 §§ A1 18 §3124.1 18 § 2902 §§ A1 18 § 3126 §§ A2 18§3127§§A |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa C.S. Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| DISPOSITION SENTENCING/PENALTIES | ||
| Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Proaram Type Sentence Conditions | Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period | Final Disposition Grade Section Credit For Time Served Start Date |
| 6 / False Imprisonment | Held for Court | 18 §2903 §§ A |
| Proceed to Court Defendant Was Not Present | ||
| Information Filed | 11/08/2013 | Not Final |
| 1 / IDSI Forcible Compulsion | Held for Court | 18 § 3123 §§ A1 |
| 2 / Sexual Assault | Held for Court | 18 § 3124.1 |
| 3 / Unlawful Restraint/ Serious Bodily Injury | Held for Court | 18 § 2902 §§ A1 |
| 4 / Indecent Assault Forcible Compulsion | Held for Court | 18 §3126 §§ A2 |
| 5 / Indecent Exposure | Held for Court | 18 § 3127 §§ A |
| 6 / False Imprisonment | Held for Court | 18 5 2903 §§ A |
| COMMONWEALTH INFORMATION | ATTORNEY INFORMATION |
| Name: Philadelphia County District Attorney's Office Prosecutor | Name: Darrvl A. Irwin Court Appointed Supreme Court No: 018413 |
| Supreme Court No: | Rep. Status: Active |
| Phone Number(s): 215-686-8000 (Phone) | Phone Numbers(s) 215-222-0651 (Phone) 215-222-0653 (Fax) |
| Address: 3 South Penn Square Philadelphia, PA 19107 | Address: 315 N 37TH St Philadelphia, PA 19104-2359 Representing: Tell, Joseph |
| ENTRIES | |||
| Seauence Number | CP Filed Date | Document Date | Filed By |
| 1 Held for Court | 11/01/2013 | Court of Common Pleas -Philadelphia County | |
| 1 Information Filed | 11/08/2013 | Commonwealth of Pennsylvania |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| ENTRIES | |||
| Sequence Number | CP Filed Date | Document Date | Filed By |
| 5 Hearing Notice | 11/21/2013 | Court of Common Pleas -Philadelphia County | |
| 1 12/10/2013 Woelpper, Donna Motion for Continuance Defense request, counsel unavailable. . Time ruled excludable. Ned : 12/17/13 rm 1005 custody Judge Donna Woelpper, ADA: B Daisey, D atty D Rudenstein DRT: W Evans, Clerk: L Gordon | |||
| 1 12/17/2013 Order Granting Motion for Continuance PRE-TRIAL CONFERENCE HELD DISCOVERY COMPLETE. DEFENSE REQUEST TO CONVEY OFFER | Woelpper, Donna | ||
| NEXT COURT DATE: 1/14/14 ROOM: 1005 DATE IS EARLIEST POSSIBLE DATE CONSISTENT WITH ALL COUNSEL AND COURT CALENDAR DEFENDANT IN CUSTODY (CFCF) | |||
| HONORABLE: DONNA WOELPPER ADA: JOHN MORGAN PD: LINDA KING/MARGARET FUNK DRT: TABITHAABNEY CLERK: KIM FORD | |||
| 1 12/31/2013 Motion for Modification of Bail | Tell, Joseph | ||
| 1 01/07/2014 Motion for Suppression | Tell, Joseph | ||
| 2 01/07/2014 Motion to Quash | Tell, Joseph | ||
| 1 01/08/2014 Defense Request - Jury Trial | Tell, Joseph | ||
| 2 01/08/2014 Motion to Set Nominal Bail | Tell, Joseph |
CPCMS 90B2
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C S Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| ENTRIES | |||
| Sequence Number | CP Filed Date | Document Date | Filed By |
| 3 01/08/2014 Motion to Dismiss Pursuant to Rule 600 | Tell, Joseph | ||
| 3 01/14/2014 Woelpper, Donna Pre-Trial Conference Held Commonwealth offer rejected by defendant.Signed offer sheet to be provided prior to next court date. List for trial. | |||
| Scheduling conference on NCD:2/3/14 rm 1102 custody Date given is earliest possible date Judge Donna Woelpper, ADA: J Morgan, D atty D Rudenstein, DRT: R Sturdivant, Clerk: L Gordon | |||
| 1 01/23/2014 Motion to Compel | Tell, Joseph | ||
| 1 01/29/2014 Motion to Quash | Tell, Joseph | ||
| 4 02/03/2014 Bright, Gwendolyn N. Order Granting Motion for Continuance Scheduling Conference Continued-Defense Request. Time Ruled Excludable. NCD: 2-12-14 Rm. 1102 Judge: G. Bright/ADA: NA/Atty. : D. Rudenstein/ Steno: S. Jackson/ Ct. Clerk: J. King | |||
| 4 02/12/2014 Petition for Writ of Habeas Corpus Filed | Tell, Joseph | ||
| 5 02/12/2014 Motion to Quash | Tell, Joseph | ||
| 6 02/12/2014 Order Granting Motion for Continuance Scheduling Conference Continued-Defense Request. NCD: 2-25-14 Rm. 1102 Judge: G. Bright/ ADA: NA/ Atty. : D. Rudenstein/ Steno: S. Jackson/ Ct. Clerk: J. King | Bright, Gwendolyn N. | ||
| 1 02/24/2014 Motion to Dismiss Pursuant to Rule 600 | Tell, Joseph | ||
| 2 02/24/2014 Motion to Suppress Statements | Tell, Joseph |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa C.S. Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| ENTRIES | |||
| Seauence Number | CP Filed Date | Document Date | Filed By |
| 4 02/25/2014 Bright, Gwendolyn N. Order Granting Motion for Continuance Scheduling Conference Continued. Defense Request. List For Status Of Counsel. Time Ruled Excludable. NCD: 3-17-14 Rm. 1102 Judge: G. Bright/ ADA: B. Jaycox/ Atty. : D. Rudenstein/ Steno: S. Jackson/ Ct. Clerk: J. King | |||
| 1 02/26/2014 Motion to Quash Return of Transcript and Original Papers | Tell, Joseph | ||
| 2 02/26/2014 Motion to Suppress Evidence | Tell, Joseph | ||
| 1 03/05/2014 Motion for Appointment of Public Defender | Tell, Joseph | ||
| 1 03/07/2014 Motion to Quash | Tell, Joseph | ||
| 2 03/07/2014 Motion to Set Nominal Bail | Tell, Joseph | ||
| 3 03/07/2014 Motion to Subpoena Witness | Tell, Joseph | ||
| 1 03/10/2014 Motion for Modification of Bail | Tell, Joseph | ||
| 1 03/14/2014 Motion for Sanctions | Tell, Joseph | ||
| 2 03/17/2014 Bright, Gwendolyn N. Order Granting Motion for Continuance Scheduling Conference Continued-Defense Request. Defense Counsel Motion To Withdraw And Defendant' s Motion To Have New Counsel Appointed Granted. List For Status Of Counsel. Time Ruled Excludable From 3-17-14 To 4-3-14. NCD: 4-3-14 Rm. 1102 Judge: G. Bright/ ADA: M. Goddard For B. Jaycox/ Atty. : D. Rudenstein/ Steno: L. Postiglione/ Ct. Clerk: J. King | |||
| 1 03/18/2014 Entry of Appearance | Irwin, Darryl A. |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| ENTRIES | |||
| Seauence Number | CP Filed Date | Document Date | Filed By |
| 1 03/27/2014 Defense Request for Subpeona Duces Tecum | Tell, Joseph | ||
| 1 04/03/2014 Bright, Gwendolyn N, Counsel Attached for Trial The Court orders ADA Brandon Jaycox and Defense Counsel Darryl A. Irwin attached for a 3 day Jury Trial on 5/11/2014 in Courtroom 1102 and a Status Hearing on 4/10/2015 in Courtroom 1102 | |||
| 2 04/03/2014 Bright, Gwendolyn N. Counsel Attached for Trial The Court orders ADA Brandon Jaycos and Defense Counsel Darryl A. Irwin attached for a 3 day Jury Trial on 5/11/2015 in Courtroom 1102 | |||
| 5 04/03/2014 Hearing Notice | Court of Common Pleas -Philadelphia County | ||
| 7 04/03/2014 Hearing Notice | Court of Common Pleas -Philadelphia County | ||
| 8 04/03/2014 Bright, Gwendolyn N. Status Listing Discovery Complete. List For Status, Three Day Jury Trial To Be Listed For 5-11-15. Both Counsel Attached For Both Dates. Time Ruled Excludable. NCD: 4-10-15 Rm. 1102 Judge: G. Bright/ ADA: B. Jaycox/ Atty. : D. Irwin/ Steno: L. Coffman/ Ct. Clerk: J. King | |||
| 1 04/09/2014 Bright, Gwendolyn N, Corrective Docket Entry Docket Entry Of 4-3-14 Is Corrected To Note That The Next Court Date Is 4-10-15 Not 4-10-14. Judge: G. Bright/ ADA: B. Jaycox/ Atty. : D. Irwin/ Steno: L. Coffman/ Ct. Clerk: J. King | |||
| 1 04/10/2014 Motion to Dismiss | Tell, Joseph | ||
| 1 05/02/2014 Motion for Sanctions | Tell, Joseph | ||
| 1 05/12/2014 Motion for Modification of Bail | Tell, Joseph |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police, Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C S. Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| ENTRIES | |||
| Seauence Number | CP Filed Date | Document Date | Filed By |
| 1 05/13/2014 Motion for Sanctions | Tell, Joseph | ||
| 1 06/06/2014 Motion to Set Nominal Bail | Tell, Joseph | ||
| 1 06/10/2014 Motion to Dismiss | Tell, Joseph | ||
| 2 06/10/2014 Motion to Quash Return of Transcript and Original Papers | Tell, Joseph | ||
| 1 06/18/2014 Motion to Proceed Pro Se | Tell, Joseph | ||
| 2 06/18/2014 Motion and Demand for Speedy Trial | Tell, Joseph | ||
| 1 06/19/2014 Request For Subpoena | Tell, Joseph | ||
| 1 06/24/2014 Motion to Dismiss Pursuant to Rule 600 | Tell, Joseph | ||
| 1 07/17/2014 Pro Se Correspondence | Tell, Joseph |
CPCMS 9082
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
DOCKET
Docket Number: CP-51-CR-0013637-2013
CRIMINAL DOCKET
Court Case
| CASE FINANCIAL INFORMATION | |||||
| Last Payment Date: | Total of Last Payment | ||||
| Tell, Joseph Defendant | Assessment | Payments | Adiustments | Non Monetary Payments | Total |
| Costs/Fees | |||||
| Motion Filing Fee (Philadelphia) | $12.50 | $0.00 | $0.00 | $0.00 | $12.50 |
| Motion Filing Fee (Philadelphia) | $12.50 | $0.00 | $0.00 | $0.00 | $12.50 |
| Costs/Fees Totals: | $25.00 | $0.00 | $0.00 | $0.00 | $25.00 |
| Grand Totals: | $25.00 | $0.00 | $0.00 | $0.00 | $25.00 |
** - Indicates assessment is subrogated CPCMS 9082