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A panel of judges from the 3rd Circuit Court of Appeals in Philadelphia has rejected a request from a Clearfield man to address what he considers undue delay in hearing his appeal before the U.S. District Court in Johnstown.
The defendant, Luther L. Ware Jr., 70, is serving a prison term of 11 to 30 years at the State Correctional Institution at Houtzdale.
Ware was convicted in 2015 on two counts of possession with intent to deliver cocaine, delivery and related offenses of participating in a corrupt organization, dealing in the proceeds of unlawful activity and criminal use of a communication facility.
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A Blair County judge has asked the Pennsylvania Superior Court to deny reinstatement of a right to appeal by a former Altoona man who is contesting the forfeiture of cash and multiple items, such computer equipment, confiscated by the government upon his arrest on drug-related charges.
In opinions issued in two separate cases recently, Judge Timothy M. Sullivan pointed out that Jermaine Samuel, an inmate in the State Correctional Institution at Houtzdale, wants the right to challenge the forfeitures now more than seven years after the fact.
According to the judge, “As a practical matter, with the time lapse of greater than seven years, in all likelihood the property subject to forfeiture has been lawfully disposed of by the Commonwealth.”
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A Hollidaysburg man who has spent almost two decades challenging his convictions and a 25-year minimum prison sentence on arson charges, will now be able to present his arguments to the U.S. District Court in Johnstown.
Christopher M. Rodland, who is incarcerated in the State Correctional Institution at Houtzdale, has carried on his lengthy fight after his attorneys years ago failed to properly present his appeals at the state level.
Rodland twice has won the right for a new round of appeals, and mostly recently has taken his case before the U.S. District Court in Johnstown.
HOUTZDALE A state prison inmate will stand trial for killing his cellmate last summer.
In October, state police charged Jacob Michael Mitchell, 33, with criminal homicide, aggravated assault, assault by prisoner, strangulation, simple assault and recklessly endangering another person in connection with the death of Garrick Bloom at the State Correctional Institution at Houtzdale.
Bloom, 48, who had been convicted of multiple child rape charges, was found unresponsive in his cell at 11:03 p.m. on Aug. 29. Efforts to revive him were unsuccessful.
A trooper described Bloom as having bruises all over his face and markings on his neck that indicated he had been choked by some sort of string.