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  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • United States v. Shabazz

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68779

    Defendant had three prior convictions for violent felonies, which triggered the enhanced sentencing provisions of the Armed Career Criminal Act.

  • State of Delaware v. Kent

    Publication Date: 2019-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda J. DiLiberto, Department of Justice, Wilmington, DE for the state.
    for defendant: John S. Edinger, Jr. , Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68732

    Defendant was not entitled to an acquittal for the lesser-included offense of attempted rape, because the state presented evi-dence that defendant took a substantial step in completing that crime.

  • Cushner v. State

    Publication Date: 2019-08-21
    Practice Area: Criminal Law
    Industry: Automotive
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Wilmington, DE for appellee.
    Case Number: D67674

    Motion for judgment of acquittal properly denied where lack of public access to a burgled storage trailer and the timing of the impression of a handprint on the trailer supported the inference that the handprint, belonging to defendant, was made on the weekend when the burglary occurred.

  • State v. Conaway

    Publication Date: 2019-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Casey L. Ewart and Rebecca E. Anderson, Department of Justice, Georgetown, DE for the state.
    for defendant: Joseph A. Hurley, Wilmington, DE for defendant.
    Case Number: D68668

    The court granted defendant's motion for severance where he was charged with raping multiple victims, but denied his request for a bill of particulars, because the state was not required to sort and index exculpatory evidence for defendant.

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    Authors: Janet K. Colaneri

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  • Brown v. State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Roderick Brown, appellant pro se
    for defendant: Kathryn J. Garrison, Department of Justice, Dover, DE for appellee
    Case Number: D68654

    Forfeiture of vehicles reversed where state's evidence undercut its theory that defendant used the vehicles as stores of the proceeds of his drug dealing.

  • Stoner v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Kevin P. Tray, Wilmington, DE for Arthur Stoner.
    Case Number: D68643

    A family court's adjudication of delinquency for robbery was not supported by specific findings.

  • Taylor v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Andrew J. Vella, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68644

    The trial court erred in accepting a plea of guilty but mentally ill where defendant expressed that he wished to withdraw his plea.

  • Longford-Myers v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Martin B. O'Connor, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D68641

    When a criminal defendant was sentenced for multiple convictions and one of sentences was subject to modification due to il-legality, the court did not have authority to modify the other lawful sentences.

  • State v. Xenidis

    Publication Date: 2019-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68637

    In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.