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  • Brown v. State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Roderick Brown, appellant pro se
    for defendant: Kathryn J. Garrison, Department of Justice, Dover, DE for appellee
    Case Number: D68654

    Forfeiture of vehicles reversed where state's evidence undercut its theory that defendant used the vehicles as stores of the proceeds of his drug dealing.

  • Baker v. State

    Publication Date: 2019-07-31
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D68646

    Adjudication of delinquency for rape reversed where family court made evidentiary errors including admission of hearsay evidence and propensity evidence.

  • Stoner v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Kevin P. Tray, Wilmington, DE for Arthur Stoner.
    Case Number: D68643

    A family court's adjudication of delinquency for robbery was not supported by specific findings.

  • Taylor v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Andrew J. Vella, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68644

    The trial court erred in accepting a plea of guilty but mentally ill where defendant expressed that he wished to withdraw his plea.

  • Longford-Myers v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Martin B. O'Connor, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D68641

    When a criminal defendant was sentenced for multiple convictions and one of sentences was subject to modification due to il-legality, the court did not have authority to modify the other lawful sentences.

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  • State v. Gates

    Publication Date: 2019-07-17
    Practice Area: Administrative Law | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for the state.
    for defendant: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    Case Number: D68636

    The Industrial Accident Board applied the correct legal standard in determining that a claimant was within the course and scope of his employment at the time he was injured in a motor vehicle accident, and the board's decision was supported by sub-stantial evidence.

  • The City of Lewes v. Nepa

    Publication Date: 2019-07-03
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Glenn C. Mandalas and Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Dover, DE for the City of Lewes.
    for defendant: Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for the Board of Adjustment. Kyle F. Dunkle and Mark F. Dunkle, Parkowski Guerke and Swayze, P.A., Dover, DE for Ernest and Deborah Nepa.
    Case Number: D68621

    A state statute regarding municipal variances set minimum standards, and a city could enact stricter variance requirements.

  • Henry v. Cincinnati Ins. Co.

    Publication Date: 2019-06-26
    Practice Area: Insurance Litigation
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Jonathan B. O'Neill and Jennifer D. Donnelly, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Christiana, DE for plaintiff Henry.
    for defendant: Francis J. Jones, Jr. and Wilson A. Gualpa, Morris James LLP, Georgetown, DE for plaintiff Fritz. Krista E. Shevlin and William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
    Case Number: D68610

    The exclusivity provision of the Workers' Compensation Act did not prevent an employee who received workers' compensation benefits from also receiving underinsured motorist benefits under an employer's automobile liability policy which was purchased from a third-party insurance company.

  • Baynum v. State

    Publication Date: 2019-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Brian L. Arban, Department of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Wilmington, DE for defendant.
    Case Number: D68596

    Trial counsel's failure to request a lesser-included offense jury instruction fell below the objective standard of reasonableness, so defendant was entitled to a new trial.

  • Greenfield v. Miles

    Publication Date: 2019-06-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew C. Dalton and Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellant
    for defendant: Joseph C. Handlon and Wilson B. Davis, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: D68592

    Negligence claim against family caseworkers dismissed pursuant to DSTCA immunity where plaintiff's allegations concerned caseworkers' official acts requiring exercise of discretion or professional judgment and plaintiff failed to allege either bad faith or gross negligence.