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  • State v. Boyd

    Publication Date: 2019-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Matthew C. Bloom, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Joe Hurley for defendant.
    Case Number: D68628

    The court granted a motion to suppress with regard to defendant's inculpatory statements made after the interviewer made threatening comments and posed leading questions to elicit admissions by defendant.

  • Evans v. State

    Publication Date: 2019-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68560

    Misdemeanor criminal impersonation statute required the state to prove that the false identity offered and assumed by the defendant was that of a real, live person.

  • State of Delaware v. Reese

    Publication Date: 2019-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Daniel B. McBride, Dep't of Justice, Wilmington, DE for the state
    for defendant: Kevin P. Tray, Law Office of Kevin P. Tray, Wilmington, DE for defendant.
    Case Number: D68516

    A search warrant failed to establish a sufficient nexus between the crimes investigated and defendant's cellular phone.

  • State of Delaware v. Watts

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cari Chapman and Matthew Keating, Deputy Attorneys General, Department of Justice for the state
    for defendant: Elliot Margules, Assistant Public Defender, Office of the Public Defender for defendant.
    Case Number: D68500

    Defendant was not entitled to dismissal or a missing evidence instruction where the state did not deny him access to evidence material to his defense.

  • Walker v. State of Delaware

    Publication Date: 2019-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Stephanie Blaisdell, Assistant Public Defender, Dover, DE, for Kevin Walker.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for the state.
    Case Number: D68454

    An administrative search did not comply with the basic procedure, so defendant was entitled to suppression of the evidence which resulted from that search.

  • 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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  • Schwartz v. Berryhill

    Publication Date: 2019-01-23
    Practice Area: Administrative Law | Evidence
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
    for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.
    Case Number: D68436

    An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.

  • Ways v. State of Delaware

    Publication Date: 2019-01-02
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Vaughn
    Attorneys: For plaintiff: Abby Adams, Deputy Attorney General, Georgetown, DE for the state
    for defendant: Jerome M. Capone, Assistant Public Defender, Georgetown, DE for defendant.
    Case Number: D68413

    Motion to suppress was properly denied where police would have inevitably discovered drugs through legitimate means, and criminal defendant was not entitled to acquittal.

  • Malik v. Berryhill

    Publication Date: 2019-01-02
    Practice Area: Administrative Law | Evidence
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68411

    The decision of an administrative law judge denying plaintiff's claim for Social Security disability benefits was supported by substantial evidence.

  • Desai v. State

    Publication Date: 2018-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael W. Modica, attorney for appellant
    for defendant: Jillian L. Schroeder, attorney for defendant.
    Case Number: D68376

    State trooper was qualified witness to admit breathalyzer calibration logbook under business records exception where trooper had personal knowledge of state chemist's practice of completing logbook right after conduct calibration test.

  • Hughes v. Berryhill

    Publication Date: 2018-11-14
    Practice Area: Administrative Law | Evidence
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68357

    An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.