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  • State v. Jernigan

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Lindsay A. Taylor, Department of Justice, Dover DE for the state.
    for defendant: Adam D. Windett, Hopkins & Windett, LLC, Dover, DE for defendant.
    Case Number: D68612

    Police failed to use readily available resources to check whether defendant had a valid medical marijuana card, so they lacked probable cause to search his vehicle.

  • Evans v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Law
    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: D68600

    Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.

  • 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.

  • State v. Montgomery

    Publication Date: 2019-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Timothy Maguire, Deputy Attorney General for the state.
    for defendant:
    Case Number: D68589

    A purported statement by a juror regarding defendant's guilt was mere loose talk and did not result in a violation of defend-ant's right to a fair trial. The court promptly questioned the jurors and provided curative instructions.

  • United States v. Cook

    Publication Date: 2019-05-29
    Practice Area: Banking and Finance Laws | Criminal Law
    Industry: Financial Services and Banking | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Whitney C. Cloud and Lesley F. Wolf, Assistant United States Attorneys, Wilmington, DE for the gov-ernment.
    for defendant: Thomas E. Carluccio and Frank G. Fina, Plymouth Meeting, PA for defendant.
    Case Number: D68580

    Ample evidence existed to support defendant's convictions for bank fraud and making false statements to a bank.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

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  • 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 v. Risper

    Publication Date: 2019-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D6846

    A search warrant was overly broad, because the state only had probable cause to search and seize tracking information con-tained on defendant's cellular phone.

  • State v. Robinson

    Publication Date: 2019-05-01
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.
    Case Number: D68547

    The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.

  • State of Delaware v. Nastatos

    Publication Date: 2019-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Renee Hrivnak, Department of Justice, Wilmington, DE for the state
    for defendant: Christopher S. Koyste, Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D68522

    Defendant failed to establish any prejudice due to the alleged ineffectiveness of his counsel.

  • Valentine v. State of Delaware

    Publication Date: 2019-04-03
    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: Benjamin S. Gifford, IV, Wilmington, DE for defendant.
    Case Number: D68517

    A search warrant was not based on probable cause where an unidentified informant's tip was not corroborated by police surveillance or other information.