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  • State of Delaware v. McMullen

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Bradley
    Attorneys: For plaintiff: David Hume, IV and Georgia C. Pham, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: John P. Daniello and Michael A. Capasso, Office of the Public Defender, Georgetown, DE for defendant.
    Case Number: D68851

    In this bench trial, the court found defendant guilty of murder in the first degree and for possession of a firearm during the commission of a felony.

  • United States v. Dougherty

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jeffrey A. Finucane, assistant United States attorney, Martinsburg, WV for plaintiff.
    for defendant: N/A
    Case Number: D68829

    Where defendant filed multiple incoherent motions, the court ordered a psychological evaluation to determine defendant's competency.

  • State of Delaware v. Lovell

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Stephen McDonald, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68825

    A search warrant lacked probable cause, because it did not contain a logical nexus between the items sought and the location searched.

  • State v. Johnson

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Annemarie H. Puit, Deputy Attorney General, Department of Justice, Wilmington, DE; John S. Taylor, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.
    Case Number: D68824

    Motion to suppress evidence seized from search warrants granted where temporal scope of warrants was overly broad and where affidavits of probable cause failed to set forth specific factual allegations establishing a logical nexus between the cell phone being searched and the crime being investigated.

  • State of Delaware v. Jones

    Publication Date: 2019-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathryn J. Garrison, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68821

    The state had a tacit understanding with a prison informant that it would assist with the reduction of the in-formant's sentence if he testified against defendant, but the state failed to disclose this to defendant.

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  • State of Delaware v. Pardo

    Publication Date: 2019-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eric H. Zubrow, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
    Case Number: D68805

    The court denied a motion for post-conviction relief, because defendant failed to demonstrate that his trial counsel was inef-fective.

  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • United States v. Shabazz

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68779

    Defendant had three prior convictions for violent felonies, which triggered the enhanced sentencing provisions of the Armed Career Criminal Act.

  • State of Delaware v. Kent

    Publication Date: 2019-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda J. DiLiberto, Department of Justice, Wilmington, DE for the state.
    for defendant: John S. Edinger, Jr. , Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68732

    Defendant was not entitled to an acquittal for the lesser-included offense of attempted rape, because the state presented evi-dence that defendant took a substantial step in completing that crime.

  • Cushner v. State

    Publication Date: 2019-08-21
    Practice Area: Criminal Law
    Industry: Automotive
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Wilmington, DE for appellee.
    Case Number: D67674

    Motion for judgment of acquittal properly denied where lack of public access to a burgled storage trailer and the timing of the impression of a handprint on the trailer supported the inference that the handprint, belonging to defendant, was made on the weekend when the burglary occurred.