United States v. Harris, M., of: USCA, Third Circuit ( 2022 )

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
UNITED STATES OF AMERICA : No. 1 EM 2022
:
:
v. :
:
:
MARC J. HARRIS :
:
:
PETITION OF: UNITED STATES COURT :
OF APPEALS FOR THE THIRD CIRCUIT :
ORDER
PER CURIAM
AND NOW, this 14th day of February, 2022, the Petition for Certification of
Question of Law is GRANTED. The Court shall consider the following issue:
Whether the Pennsylvania First-Degree Aggravated Assault provision,
codified at 18 Pa. Cons. Stat. § 2702(a)(1), requires some use of physical
force, as the Government contends, or, instead, as the Pennsylvania
Superior Court said in Commonwealth v. Thomas, 867 A.2d 594, 597 (Pa.
Super. Ct. 2005), the statute means that “the use of force or threat of force
is not an element of the crime ….”
The Amended Motion to Withdraw Application for Stay is GRANTED, to the extent
it seeks to withdraw the Application for Stay. In all other respects, the Amended Motion
to Withdraw Application for Stay is DENIED.
Marc J. Harris is DESIGNATED as Appellant, and the United States of America is
DESIGNATED as Appellee.
The Prothonotary is DIRECTED to establish a briefing schedule and list this case
for oral argument.
Additionally, the Prothonotary is DIRECTED to serve this order on the Office of
Attorney General. The Office of Attorney General is INVITED to submit a brief and
participate in oral argument as to the issue identified above.
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