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  • Stevenson v. May

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Sonali Shahi, Assistant Federal Defender, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for petitioner.
    for defendant: Elizabeth R. McFarlan, Deputy Attorney General of the Delaware Department of Justice, Wilmington, DE for respondents.
    Case Number: 07-473-JLH

    Motion to amend habeas petition denied where new claim did not relate back to original petition and was thus untimely.

  • United States v. Pritchett

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Benjamin L. Wallace, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellant.
    for defendant: David Pugh, Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellee.
    Case Number: 23-2005

    District court correctly suppressed evidence where defendant's actions were not sufficiently furtive or suspicious to justify a Terry stop.

  • United States v. Gibbs

    Publication Date: 2024-05-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Kristen Clarke, David Weiss, Briana Knox, Julie Pfluger, Caylee Campbell, U.S. Department of Justice, Wilmington, DE, Madison, WI, and Washington, DC for plaintiff.
    for defendant: Clifton Gibbs, Philadelphia, PA, pro se defendant; Margaret M. Grasso, Law Office of Margaret M. Grasso, Philadelphia, PA, standby attorney for defendant.
    Case Number: 23-00035 (MN)

    Defendant failed to overcome the presumption of pretrial detention given the violent nature of his alleged offenses, his extensive criminal history, and his prior violations of the court's orders.

  • State v. Allen

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Amanda D. Buckworth, Deputy Attorney General, Department of Justice for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE for defendant.
    Case Number: 1510018545A

    Court ruled evidentiary hearings were necessary to resolve postconviction relief claims alleging trial counsel's ineffectiveness for failing to call witnesses who would contradict the complaining witness and whether the state committed a Brady violation by concealing knowledge of an alleged non-prosecution promise to the complaining witness.

  • United States v. Biden

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss, Special Counsel, Leo J. Wise, Principal Senior Assistant Special Counsel, Derek E. Hines, Senior Assistant Special Counsel, U.S. Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Christopher D. Man, Winston & Strawn, Washington, DC for defendant.
    Case Number: 23-61 (MN)

    Court declined to dismiss charges based on immunity purportedly conferred by a diversion agreement since the agreement lacked the approval necessary for it to go into effect and the parties and court disputed the scope of immunity.

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    Lancaster County & Berks County Court Rules 2024

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  • McDougal v. State

    Publication Date: 2024-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nicole M. Walker, Office of Defense Services, Wilmington, DE for appellant.
    for defendant: Andrew R. Fletcher, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 170, 2023

    Police lacked articulable facts to suspect individual on sidewalk of loitering and thus unlawfully detained the individual for a pat down search.

  • United States v. Long

    Publication Date: 2024-03-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
    for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
    Case Number: 22-3033

    District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.

  • McGuiness v. State

    Publication Date: 2024-02-26
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE, Dean A. Elwell, McCarter & English, LLP, Boston, MA for plaintiff.
    for defendant: David C. McBride, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: 438, 2022

    Official misconduct conviction reversed where trial court delayed in recognizing legal insufficiency of procurement law violation charge, thereby allowing jury to hear evidence on the procurement charge that could have spilled over into the jury's consideration of the official misconduct charge.

  • State v. Calhoun

    Publication Date: 2024-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Karl Schwartz, Catherine Trama, Wiseman & Schwartz, Philadelphia, PA for defendant.
    Case Number: 1804000397

    Ineffective assistance of counsel claims failed where trial counsel's preparation and examination of witnesses was reasonable trial strategy to avoid playing into the state's theory of voluntary intoxication, and where any additional evidence was unlikely to have changed the verdict from guilty but mentally ill to not guilty by reason of insanity.

  • Hudson v. State

    Publication Date: 2024-01-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Griffiths
    Attorneys: For plaintiff: Raymond D. Armstrong, Office of Defense Services, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 303, 2022

    Court upheld the introduction of expert testimony regarding probabilistic genotyping analysis where the testing had undergone validation studies and peer review and enjoyed general acceptance by the scientific community and many other courts.