Two interesting cases today, both reversals.

First up is a significant election-law case. Third-party candidates in PA have to apply to get on the ballot, and their applications must include a specified number of signatures. Three state political parties–the Constitution Party, the Green Party, and the Libertarian Party–challenged PA’s third-party ballot-access procedure, and the district court dismissed for lack of standing. On appeal, a divided panel found standing and reversed.

The case is Constitution Party of PA vs Aichele. Opinion by Jordan, joined by Roth, with dissent by Ambro. Arguing counsel were Oliver Hall for the third parties and Claudio Tesoro for the Commonwealth.

Today’s other case is a rare reversal in favor of a non-capital habeas petitioner. Defense counsel at Horace Branch’s criminal trial failed to present two witnesses, and Branch argued that his counsel was ineffective. The state courts denied MAR relief and the district court denied relief (and denied COA). CA3 reversed, holding that the state court denial was an unreasonable application of federal law and that the district court abused its discretion in failing to grant an evidentiary hearing.

The case is Branch v. Sweeney. Opinion by Greenberg joined by Fuentes and Van Antwerpen. Arguing counsel were Elyse Lyons (a 3L in Duke Univ. law school’s appellate litigation clinic) for the inmate and Sara Friedman for the state. Footnote 3 of the opinion notes that the clinic represented Branch with great skill and thanked Ms. Lyons by name “for this fine representation.”