• 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.

  • 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.

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  • 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.

  • State v. Boddy

    Publication Date: 2021-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Matthew Buckworth, Department of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.

    Case Number: D69452

    Following a reverse amenability hearing, the court denied a juvenile's motion to transfer criminal charges to family court due to the seriousness of the charges and the failure of prior rehabilitative efforts.

  • Houston v. State

    Publication Date: 2021-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for the state.

    Case Number: D69424

    Motion to suppress was properly denied where police had not completed a background check or issued a citation before defendant fled from the scene, resulting in his arrest and inventory search of his vehicle that recovered drugs.

  • State of Delaware v. Ray

    Publication Date: 2021-06-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew C. Bloom, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.

    Case Number: D69421

    The court denied defendant's motions for post-conviction relief because some of the matters had already been decided on direct appeal, and defendant failed to demonstrate prejudice on the remaining issues.