• Terreros v. State

    Publication Date: 2024-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Elliot M. Margules, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 435, 2022

    Cell phone data warrant was an unlawful general warrant where it lacked any temporal limitation and permitted searches of applications unconnected to the facts supporting probable cause.

  • El-Abbadi v. State

    Publication Date: 2024-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Santino Ceccotti, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Kathryn J. Garrison, Department of Justice, Wilmington, DE for appellee.

    Case Number: 364, 2022

    Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.

  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
    for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.

  • United States v. Esham

    Publication Date: 2023-10-16
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-3203

    Evidence was sufficient to convict doctor for distribution and conspiracy where the jury was free to credit the government's expert's opinion that the doctor's prescriptions fell outside the bounds of legitimate medical purposes and recorded conversations could permit an inference that the doctor was aware of his role in the distribution scheme.

  • White v. State of Delaware

    Publication Date: 2021-08-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: John S. Malik, Wilmington, DE for defendant.
    for defendant: Matthew C. Bloom, Delaware Dep’t of Justice, Wilmington, DE for the state.

    Case Number: D69517

    The trial court did not abuse its discretion in admitting text message evidence, and the prosecutor's remarks during rebuttal summation were not improper.

  • 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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  • 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 v. Harris

    Publication Date: 2020-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: N/A
    for defendant: Patrick Collins and Kimberly A. Price, Collins & Associates, Wilmington, DE, post-conviction counsel for defendant.

    Case Number: D69083

    A criminal defendant's petition for post-conviction relief did not raise any meritorious issues.

  • United States of America v. Scott

    Publication Date: 2020-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Alexander Ibrahim, Assistant U.S. Attorney, U.S. Dep’t of Justice, Wilmington, DE for plaintiff
    for defendant: Joseph Scott, pro se defendant.

    Case Number: D68845

    Defendant's motion to correct an illegal sentence was untimely, so the court denied the motion because it lacked jurisdiction.

  • Price v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Stephen McCloskey, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Meryem Y. Dede, Assistant Public Defender, Wilmington, DE for defendant.

    Case Number: D68601

    A criminal defendant waived an issue regarding a jury instruction because he failed to raise it at the time of trial, and the rec-ord showed no indication of plain error.

  • Holmes v. Pfaff, DEFAX Case No. D67807 (D.Del. July 11, 2017), Kearney, U.S.D.J. (10 pages).

    Publication Date: 2017-07-26
    Practice Area: Criminal Appeals
    Industry: Federal Government | State and Local Government
    Court: U.S. District Court of Delaware
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67807

    Plaintiff's complaint dismissed for lack of diligence in pursuing amendment, which would have been futile as plaintiff's unpleaded claim lacked element of termination of underlying criminal prosecu