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  • State v. Reed

    Publication Date: 2022-08-09
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Matthew C. Bloom, Caroline Brittingham, Nichole Gannett, Deputy Attorneys General, Delaware Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Patrick J. Collins, Wilmington, DE for defendant.
    Case Number: D69916

    Trial counsel did not render ineffective assistance where credible testimony showed that they had a nuanced discussion with defendant about the demographic makeup of juries in the county and did not, as defendant claimed, assert that he would not receive a fair trial due to his race.

  • State v. MacColl

    Publication Date: 2022-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Mark A. Denney, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Eugene J. Maurer, Jr., Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.
    Case Number: D69893

    Former police officer could not rely on protections for statements to internal affairs investigators afforded by Garrity v. New Jersey, where the police officer was alleged to have made false statements and the Fifth Amendment only protected against self-incrimination through truthful statements.

  • Clark v. Superintendent Retreat SCI

    Publication Date: 2022-07-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69892

    Trial counsel was not ineffective for failing to demand self-defense instruction to charge of possession of firearm by prohibited person, where jury appeared to accept state's account that defendant began the altercation in possession of the firearm and possessory offenses did not include use of force as an element.

  • State v. Chattin

    Publication Date: 2022-07-05
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Matthew B. Frawley, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Joshua Chattin, DE, pro se defendant.
    Case Number: D69877

    Postconviction motion dismissed as untimely where alleged newly discovered evidence was either known to defendant at the time of conviction or was not relevant to the trial proceedings.

  • State v. Carter

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Daniel McBride, Deputy Attorney General, Office of the Attorney General, Wilmington, DE for plaintiff.
    for defendant: Elise Wolpert, Office of Eugene I. Maurer, Jr., P.A. Wilmington, DE for defendant.
    Case Number: D69831

    Second warrant, which cured overbroad defects from a prior warrant, was permissible under the independent source doctrine where no evidence directly or indirectly obtained from the improper first warrant was used to apply for the second warrant.

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  • State v. McGuiness

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Mark A. Denney, Jr., Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE for defendant.
    Case Number: D69832

    Court sanctioned prosecution by excluding any evidence obtained from seized electronic devices from the state's case in chief where investigators took over six months to access and turn over device contents.

  • State v. Smith

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Michael H. Tipton, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69820

    Court did not err in finding aggravating factors that supported sentence, where evidence and colloquy testimony demonstrated that defendant had approached the victim and shot the victim in the back.

  • Patterson v. State

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Elliot Margules, Office of The Public Defender, Wilmington, DE for appellant.
    for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE, attorneys for appellee.
    Case Number: D69817

    The state did not commit a discovery violation by failing to highlight the importance of photos extracted from the victim's cell phone, where appellant was provided with ample access to review the photos and the identity and appearance of the victim were going to be a central issue of the trial.

  • State v. Brown

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Colleen Durkin, Deputy Attorney General, Department of Justice, Wilmington, DE for State.
    for defendant: Meghan E. Crist, Assistant Public Defender, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69615

    The court held that factors such as defendant's maturity and lack of prior criminal record supported a finding that defendant can rehabilitate, making a transfer of defendant's criminal charges to Family Court under 10 Del. C. § 1011 appropriate.

  • State v. Washington

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Carolyn S. Hake, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for the DE.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69617

    The court found defendant's claims to support a new trial were barred as untimely under Rule 61(i)(1), as a successive motion under Rule 61(i)(2), and, in part, by procedural default under Rule 61(i)(3) because the evidence failed to satisfy the new evidence of actual innocence standard of Rule 61.