• United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • Rogers v. Superintendent Greene SCI

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
    for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.

    Case Number: 21-2601

    Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.

  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.

    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.

  • Range v. Attorney Gen. United States of Am.

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: William V. Bergstrom, Peter A. Patterson, David H. Thompson, Cooper & Kirk, Washington, DC; Michael P. Gottlieb, Vangrossi & Recchuiti, Norristown, PA for appellant.
    for defendant: Brian M. Boynton, Jacqueline C. Romero, Mark B. Stern, Michael S. Raab, Abby C. Wright, Kevin B. Soter, United States Department of Justice Civil Division, Washington, DC for appellees.

    Case Number: 21-2835

    Federal felon-in-possession statute barring person convicted of false statements under state law was inconsistent with nation's historical tradition of firearms regulation.

  • Bass v. State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
    for defendant: Brian Arban, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 218, 2022

    Errors in microscopic hair comparison forensic testimony did not compel postconviction relief where the errors did not exculpate defendant and the state presented other substantial evidence of defendant's guilt.

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  • State v. Holmes

    Publication Date: 2023-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel B. McBride, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Robert M. Gamburg, Gamburg & Benedetto LLC, Philadelphia, PA; Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: 2203012514

    Search warrant was supported by probable cause where police obtained various articulable facts indicating that an apartment and storage unit were used by defendant for stashing drugs, with that suspicion confirmed by a non-Fourth Amendment canine sniff.

  • United States v. Evridiki Navigation Inc.

    Publication Date: 2023-06-13
    Practice Area: Criminal Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2032

    District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.

  • State v. Mason

    Publication Date: 2023-04-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Dominic A. Carrera, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Thomas A. Foley, Wilmington, DE for defendant.

    Case Number: 2207004139

    Court granted suppression motion where search warrant was based solely on the uncorroborated implicating statements of an accomplice.

  • State v. Santiago

    Publication Date: 2023-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Primos
    Attorneys: For plaintiff: Stephen R. Welch, Jr., Deputy Attorney General, Department of Justice, Dover DE for plaintiff.
    for defendant: Suzanne Macpherson-Johnson, Office of Defense Services, Dover, DE for defendant.

    Case Number: D70176

    Court invoked doctrine of jury lenity to allow operating vehicle causing death conviction to stand despite jury's failure to reach verdict on inattentive driving charge where the statute did not expressly require a conviction under the motor vehicle code and the evidence was sufficient to support a conviction.

  • Gregory v. State

    Publication Date: 2023-03-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: E. Calvin Harmon Jr., Brett Bendistis Wilmington, DE for appellant.
    for defendant: David C. Skoranski, Delaware Department of State, Wilmington, DE for appellee.

    Case Number: 1909016095(N)

    Court affirmed official misconduct conviction where evidence demonstrated that former city council president used his office to direct public funds to his non-profit entity.