David Cercone

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David Cercone
Image of David Cercone

Nonpartisan

United States District Court for the Western District of Pennsylvania (senior status)
Tenure

2017 - Present

Years in position

7

Prior offices
United States District Court for the Western District of Pennsylvania

Education

Bachelor's

Westminster College, 1974

Law

Duquesne University School of Law, 1977

Personal
Birthplace
Pittsburgh, Pa.

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David S. Cercone is a federal judge on senior status with the United States District Court for the Western District of Pennsylvania. He joined the court in 2002 after being nominated by President George W. Bush.

Early life and education

A native of Pittsburgh, Pennsylvania, Cercone graduated with his bachelor's degree from Westminster College in 1974 and from the Duquesne University School of Law with his J.D. in 1977.[1]

Professional career

  • 2017 - Present: Senior judge
  • 2002-2017: Judge

Judicial career

Western District of Pennsylvania

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David S. Cercone
Court: United States District Court for the Western District of Pennsylvania
Progress
Confirmed 133 days after nomination.
ApprovedANominated: March 21, 2002
ApprovedAABA Rating: Unanimously Qualified
Questionnaire:
ApprovedAHearing: June 13, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: June 20, 2002 
ApprovedAConfirmed: August 1, 2002
ApprovedAVote: Voice vote

Cercone was nominated by President George W. Bush on March 21, 2002, to a seat on the United States District Court for the Western District of Pennsylvania vacated by Donald Lee. The American Bar Association rated Cercone Unanimously Qualified for the nomination. Hearings on Cercone's nomination were held before the Senate Judiciary Committee on June 13, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 20, 2002. Cercone was confirmed on a voice vote of the U.S. Senate on August 1, 2002, and he received his commission the next day. He elected to take senior status beginning on November 24, 2017.[1][2][3]

Noteworthy cases

Stay of execution signed for William Wright (2009)
See also: United States District Court for the Western District of Pennsylvania

On July 20, 2009, Judge Cercone issued a stay of execution for a Pennsylvania man scheduled to be executed in September of 2009. The judge ordered the execution of convicted murderer William Wright to be postponed to allow his attorneys time to file an appeal to the Third Circuit Court of Appeals.[4]

The Third Circuit ruled for a competency exam for Wright, but in response the inmate asked that the governor officially sign the death warrant. Wright said he was tired of delays in the proceedings.[5] The family of Wright argued that he was not mentally competent to request his own execution and won the right over his appeals. In 2015, Wright again petitioned the court to hasten his execution.[6][7]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biography of Judge David S. Cercone," accessed May 23, 2017
  2. ↑ United States Congres, "PN 1576 — David S. Cercone — The Judiciary," accessed May 23, 2017
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 110th Congress," accessed May 23, 2017
  4. ↑ Altoona Mirror, "US judge grants stay of execution," July 20, 2009
  5. ↑ The Associated Press, "Hearing ordered in inmate's request for execution," September 3, 2010
  6. ↑ Altoona Mirror, "Warrant restarts appeals," August 22, 2012
  7. ↑ PennLive.com, "Central Pa. death row inmate again asks court to hasten execution," April 24, 2015
Political offices
Preceded by:
Donald Lee 		Western District of Pennsylvania
2002–2017
Seat #3 		Succeeded by:
Stephanie Haines



Pennsylvania courts

Federal courts:

Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania

State courts:

Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts

State resources:

Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania

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