• United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.

    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • United States v. Hunter

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
    for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.

    Case Number: 21-3316

    Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.

  • United States v. Cooper

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Michael F. McTaggart, U.S. Attorney's Office, Wilmington, DE for plaintiff.
    for defendant: Eleni Kousoulis, Janet Bateman, Public Federal Defender's Office, Wilmington, DE for defendant.

    Case Number: 23-004

    Possession of firearm by felon statute was constitutional as applied to defendant previously convicted of drug distribution offenses, as it was consistent with the historical tradition of disarming individuals who posed a threat to public safety, while defendant lacked standing to challenge the statute's constitutionality as he was ineligible to possess firearms on state probation.

  • United States v. Junius

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Joanne M. Heisey, Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, West Philadelphia, PA; Brett G. Sweitzer, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for appellants.
    for defendant: Bernadette A. McKeon, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 22-2208

    Defendants were ineligible for sentencing reductions under the First Step Act where the Fair Sentencing Act only reduced mandatory minimum sentencing thresholds for certain drug possession offenses, but did not affect sentencing for drug-related murder convictions even though such convictions required a predicate drug offense.

  • Martin v. State

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 2111004614(N)

    Increasing sentence from suspended fine to term of incarceration did not violate double jeopardy where defendant lacked a reasonable expectation of finality in a larger sentencing plan and where the state's time to appeal the sentence had not yet elapsed.

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  • State of Delaware v. Gillen

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: James Betts, Department of Justice, for the State of Delaware.
    for defendant: James M. Stiller for defendant.

    Case Number: 2211005299

    A reasonable, articulable suspicion existed to conduct a DUI investigation when defendant purposefully popped his muffler as he drove raising the equipment violation to the level of impaired judgment. Defendant's motion to suppress denied.

  • Martin v. State of Delaware

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge LeGrow
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: 112, 2021

    The Delaware Supreme Court held that a postconviction petition will not be mooted by a defendant's completion of his sentence after the petition is filed if the defendant pleads that there are continuing collateral consequences arising from the conviction.

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • Rogers v. Superintendent Greene SCI

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
    for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.

    Case Number: 21-2601

    Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.

  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.

    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.