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  • State v. Thomas

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Office of the Attorney General, Wilmington, DE, for the State.
    for defendant: Christopher Koyste, Bellefonte, DE for defendant.
    Case Number: D69616

    The court held that defendant was not entitled to post-conviction relief under Superior Court Criminal Rule 61 where certain perjured testimony by a supposed eyewitness did not prejudice defendant's conviction, where there was no prej-udicial prosecutorial misconduct and where the issue of a Brady violation was moot.

  • United States v. Bacon

    Publication Date: 2021-11-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Maureen McCartney, Jesse S. Wenger, Christopher L. de Barrena-Sarobe, U.S. Attorney's Office, District of Delaware, Wilmington, DE for plaintiff.
    for defendant: Edson A. Bostic, The Bostic Law Firm, Philadelphia, PA; Conor Wilson, Office of The Federal Public Defender, Wilmington, DE; Jose Luis Ongay, Law Offices of Jose Luis Ongay, Plymouth Meeting, PA; Michael N. Huff, Law Offices of Michael N. Huff, Philadelphia, PA; Luis A. Ortiz, Law Offices of Luis A. Ortiz, Philadelphia, PA; Christopher G. Furlong, Law Offices of Christopher G. Furlong, Media, PA for defendants.
    Case Number: D69613

    Cyberstalking constituted a predicate crime of violence to support a firearms charge, where the elements of the charged cyberstalking offense necessarily alleged that defendant engaged in conduct that involved threatening the use of physical force or violence.

  • Brown v. Evans

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Christofer Curtis Johnson, The Johnson Firm LLC, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, New Castle County Law Department, New Castle, DE for defendants.
    Case Number: D69599

    The court held that where plaintiff alleged that when police received a tip about drug dealing at his house, police did not investigate further but forcibly subdued and arrested him, plaintiff stated a claim for excessive force and unlawful arrest.

  • State v. Broomer

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Samuel L. Guy, Wilmington, DE for defendant.
    Case Number: D69064

    Counsel was not ineffective for failing to pursue a Brady claim arising from the criminal conduct of a state expert, where the expert was not arrested until after defendant's conviction and there was no evidence the prosecution had any knowledge of the expert's ongoing misconduct at the time of defendant's trial.

  • State of Delaware v. Wilkerson

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kevin A. Gardner, Derek Gay, Department of Justice, Georgetown, DE for the state.
    for defendant: James P. Murray, Assistant Public Defender, Georgetown, DE for defendant.
    Case Number: D69548

    Because a jury had acquitted defendant of a predicate crime, the court granted defendant's motion to also acquit him of the crime of endangering the welfare of a child.

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  • Taylor v. State of Delaware

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69549

    The trial court erred in refusing to grant defendant's motion to suppress because a search warrant lacked particularity, and allowing the state to introduce information gleaned from defendant's smartphone into evidence was not harmless error.

  • State of Delaware v. Vazquez

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda Buckworth, Department of Justice, Wilmington, DE for the state.
    for defendant: Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69547

    The court granted a juvenile defendant's motion to transfer her criminal charges to family court because the evidence indicated defendant was amenable to the rehabilitative process of the family court.

  • Sanchez v. United States

    Publication Date: 2021-07-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69476

    A police officer initiated a valid traffic stop, and the trial court properly denied defendant's motion to sup-press evidence of a firearm which was within plain view.

  • State v. Tucker

    Publication Date: 2021-07-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Allison Abessinio, Erika Flaschner, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie Woloshin, Woloshin, Lynch and Associates, Wilmington, DE for defendant.
    Case Number: D69467

    Trial counsel's conduct was not ineffective and defendant failed to demonstrate prejudice, so the court de-nied defendant's motion for post-conviction relief.

  • State of Delaware v. Dunn

    Publication Date: 2021-07-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner, Christina Ruggiero, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69461

    The court denied a juvenile defendant's motion to transfer criminal charges to family court, because prior attempts at rehabilitation had been unsuccessful, defendant's criminal behavior had escalated, and transfer-ring the charges to family court was not in the interests of society or defendant.