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  • State v. Conaway

    Publication Date: 2019-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Casey L. Ewart and Rebecca E. Anderson, Department of Justice, Georgetown, DE for the state.
    for defendant: Joseph A. Hurley, Wilmington, DE for defendant.
    Case Number: D68668

    The court granted defendant's motion for severance where he was charged with raping multiple victims, but denied his request for a bill of particulars, because the state was not required to sort and index exculpatory evidence for defendant.

  • 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.

  • 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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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • State v. Xenidis

    Publication Date: 2019-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68637

    In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.

  • 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.

  • State v. Bussey

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    for defendant: Casey L. Ewart, Dep't of Justice, Dover, DE for the state.
    Case Number: D68629

    Defense counsel adopted a reasonable trial strategy, so defendant was not entitled to post-conviction relief due to ineffective-ness of counsel.

  • Smith v. State

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
    for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
    Case Number: D68627

    The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.

  • State v. Waters

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Abby Adams, Brian J. Robertson and Cynthia Hurlock, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68613

    The state failed to establish probable cause for searching defendant's historical cell site location information, but other direct and circumstantial evidence established defendant's guilt beyond a reasonable doubt.