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  • State of Delaware v. Ferguson

    Publication Date: 2021-03-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: James J. Kriner, Diana A. Dunn, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Andrew J. Meyer, Alanna R. Farber, Office of Defense Serv., Wilmington, DE for defendant.
    Case Number: D69331

    Defendant's vague comment about having an attorney present during questioning by police did not invoke her right to counsel, and statements by a law enforcement officer were not intended to undermine defend-ant's rights.

  • State of Delaware v. Coleman

    Publication Date: 2021-03-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Martin O’Connor, Elizabeth McFarlan, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69317

    Defendant failed to demonstrate the ineffectiveness of his trial counsel, so the court rejected his motion for post-conviction relief.

  • Daniels v. State of Delaware

    Publication Date: 2021-02-10
    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 defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69289

    The court erred in considering defendant's conviction for driving under the influence in another state, be-cause that state's law was not similar to Delaware's law.

  • State of Delaware v. King,

    Publication Date: 2021-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric H. Zubrow, Erika R. Flaschner, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Kevin J. O’Connell, Christina L. Ruggiero, Delaware Office of Defense Serv., Wilmington, DE for defendant.
    Case Number: D69285

    Surveillance of defendant and seizure of an article from the trash did not require a search warrant.

  • State v. Ackridge

    Publication Date: 2021-01-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Jillian Schroeder, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: John Barber, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69275

    After conducting a reverse amenability hearing, the court granted a juvenile's motion to have his pending criminal matter transferred to family court.

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    New York Attorney Discipline: Practice and Procedure 2024

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  • Gordon v. State

    Publication Date: 2021-01-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nicole M. Walker, Bernard J. O’Donnell, Office of Defense Services, Wilmington, DE for appellant.
    for defendant: John R. Williams, Department of Justice, Dover, DE for the State.
    Case Number: D69262

    Collective knowledge of possession of narcotics supported reasonable suspicion for traffic stop when officer's purported reason for the stop, a traffic violation, was unsupported by the facts.

  • State of Delaware v. Kolaco

    Publication Date: 2021-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Kevin Smith, Dep’t of Justice, Dover, DE for the state.
    for defendant: Stephanie Blaisdell, Dover, DE for defendant.
    Case Number: D69259

    Holding an evidentiary hearing virtually did not violate a criminal defendant's constitutional rights.

  • United States v. Punter

    Publication Date: 2021-01-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Maureen McCartney, U.S. Attorney’s Office, Wilmington, DE for the state.
    for defendant: Edson A. Bostic, Janet Bateman, Federal Public Defender’s Office, Wilmington, DE for defendant.
    Case Number: D69260

    The court denied defendant's motion for release from pre-trial detention because none of the factors jus-tifying his detention had changed, and defendant did not provide a viable release plan.

  • Trala v. State of Delaware

    Publication Date: 2021-01-06
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: John R. Williams, Dep’t of Justice, Dover, DE for the state.
    for defendant: Santino Ceccotti, Office of Public Defender, Wilmington, DE for defendant.
    Case Number: D69252

    Prosecutor's comments during closing argument were improper, but the court found the misconduct was harmless because the jury received curative instructions and other evidence supported the guilty verdict.

  • United States v. Wyatt

    Publication Date: 2020-12-30
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: David C. Weiss, Edmond Falgowski, United States Attorney’s Office, Wilmington, DE for the government.
    for defendant: Edson A. Bostic, Janet Bateman, Office of the Federal Public Defender, Wilmington, DE for defendant.
    Case Number: D69245

    An inmate failed to demonstrate compelling reasons for a reduction in his sentence, so the court denied his motion.