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  • Purnell v. State

    Publication Date: 2021-06-30
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Tiffani D. Hurst, Hurst Legal Services, Phila-delphia, PA for defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69450

    Defendant presented an extraordinary case that he was entitled to relief on his untimely and successive post-conviction relief motion due to his trial attorney's conflict of interest.

  • State of Delaware, Dep't of Fin. v. AT&T Inc.

    Publication Date: 2021-06-16
    Practice Area: Administrative Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69437

    Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.

  • 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.

  • GXP Capital, LLC v. Argonaut Mfg. Serv., Inc.

    Publication Date: 2021-06-02
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Peter H, Kyle, DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
    Case Number: D69418

    The Delaware Supreme Court concluded that the lower court did not abuse its discretion in staying this ac-tion to permit plaintiff to file an action in a more convenient forum.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2021-05-26
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Olga Beskrone, Community Legal Aid Society, Inc., Wilmington, DE appellants.
    for defendant: Michael P. Morton, Robert J. Valihura, David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee.
    Case Number: D69410

    Capital improvements to a manufactured home community entitled the owner to raise rent under the Rent Justification Act, but the owner could not extend the rent increase into subsequent years once it had recov-ered that expense.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ayers v. State

    Publication Date: 2021-05-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick J. Collins, Collins & Associates, Wilmington, DE for appellant.
    for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69382

    Prosecutor improperly invited jury to consider defendant's courtroom demeanor, but such error was harmless where multiple witnesses testified to defendant's active participation in the criminal offense.

  • Risper v. State of Delaware

    Publication Date: 2021-04-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew J. Vella, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Nicole M. Walker, Office of Public Defender, Wilmington, DE for defendant.
    Case Number: D69372

    The Delaware Supreme Court reversed and remanded this criminal proceeding where the state did not pro-vide exculpatory evidence until the eve of defendant's murder trial.

  • Lloyd v. State of Delaware

    Publication Date: 2021-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Megan J. Davies, Jan A.T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for defendant.
    Case Number: D69364

    The trial court did not err in denying defendant's motion to sever his case for trial in this criminal racket-eering matter.

  • Gala v. Bullock

    Publication Date: 2021-04-14
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Benjamin A. Schwartz, Gwendolyn M. Osborn-Gustavson, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Patricia A. Davis, Deputy State Solicitor, Dover, DE for appellees.
    Case Number: D69360

    Medical board did not violate due process by deliberating disciplinary charges in executive session, and patient testimony that doctor provided prescriptions in exchange for sexual favors provided sufficient evidence to revoke licensure.

  • Hairston v. State

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nicole M. Walker, Office of Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Delaware Dep’t of Justice, Wilmington, DE for appellee.
    Case Number: D69351

    State was required to produce seizing and packaging officer upon timely demand from defendant and could not substitute another officer who witnessed the seizure and packaging of evidence as a means to authenticate evidence and establish the chain of custody.