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  • State of Delaware v. Cruz-Webster

    Publication Date: 2020-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D69125

    Defendant failed to establish that his trial counsel was ineffective and that defendant suffered prejudice as a result.

  • Mendez-Garcia v. State of Delaware

    Publication Date: 2020-08-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Isaac A. Rank, deputy attorney general for appellee.
    for defendant: Thomas A. Foley for appellant.
    Case Number: D69081

    The totality of the circumstances indicated that a police officer had probable cause to require a person to undergo an intoxilyzer test.

  • United States v. Cook

    Publication Date: 2020-07-29
    Practice Area: Criminal Law
    Industry: Distribution and Wholesale
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Cowen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69069

    The trial court's evidentiary rulings regarding the admission of business records and a statement by defendant's prior counsel were not erroneous. Affirmed.

  • State of Delaware v. Williamson

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David Hume, IV and John W. Donahue, IV, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Thomas A. Pedersen and Michael R. Abram for defendant.
    Case Number: D69020

    The court denied defendant's motion to dismiss the murder charges against him, and it granted the state's motion to involuntarily medicate defendant to restore his competency to stand trial.

  • State of Delaware v. Reed

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Caroline Brittingham and Nichole Gannett, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: N/A
    Case Number: D69019

    The court denied defendant's motions to withdraw his guilty plea and for post-conviction relief, because his sentence was just under the circumstances.

  • 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

    View this Book

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  • Chavis v. State

    Publication Date: 2020-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Bernard J. O’Donnell, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Kathryn J. Garrison, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D69008

    Trial court erred in admitting evidence of prior convictions where admission was based solely on second-hand knowledge of the underlying facts of those prior cases and their supposed similarity to the facts of the present case.

  • United States v. Sanchez

    Publication Date: 2020-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for the government.
    for defendant: Mark S. Greenberg, Blue Bell, PA for defendant.
    Case Number: D68996

    The court denied defendant's motion to suppress, because police had found a handgun in defendant's ve-hicle pursuant to a valid traffic stop.

  • State of Delaware v. Henry

    Publication Date: 2020-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christel Duff, Dep’t of Justice, Dover, DE for the state.
    for defendant: Ronnier Henry, Seaford, DE, pro se defendant.
    Case Number: D68981

    The trial court improperly granted a motion to suppress, because an on-duty paramedic was a government actor and he had probable cause to detain defendant. Reversed and remanded.

  • Cooper v. State

    Publication Date: 2020-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: James F. Brose, The Brose Law Firm, Media, PA; Stephanie Volturo and Jan A. T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for appellant.
    for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68959

    Confidential informant testimony and controlled buys corroborated by independent police surveillance were sufficient to establish a nexus in a search warrant application between defendant's residences and business location and the evidence of drugs and weapons sought by police.

  • Wiggins v. State of Delaware

    Publication Date: 2020-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE for Wiggins.
    for defendant: Matthew C. Bloom , Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D68957

    The court vacated a felony drug conviction and remanded for sentencing for a lesser-included misdemeanor, because the state failed to meet its burden of proving that the contents of a vial constituted a "mixture" under Delaware's Controlled Substances Act.