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  • State of Delaware v. Reese

    Publication Date: 2019-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Daniel B. McBride, Dep't of Justice, Wilmington, DE for the state
    for defendant: Kevin P. Tray, Law Office of Kevin P. Tray, Wilmington, DE for defendant.
    Case Number: D68516

    A search warrant failed to establish a sufficient nexus between the crimes investigated and defendant's cellular phone.

  • Burrell v. State

    Publication Date: 2019-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Edward C. Gill, Georgetown, DE for appellant.
    for defendant: John R. Williams, Department of Justice, Dover, DE for appellee.
    Case Number: D68503

    Juvenile offender's aggregate sentence of 37 years, which included a mandatory minimum sentence of 25 years for murder, did not violate the holding of Miller v. Alabama where the sentencing statute expressly imposed a lesser punishment on juvenile offenders, offender's sentence was not the functional equivalent of life without parole, and multiple mandatory sentences would still give offender chance at parole.

  • State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.
    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • State of Delaware v. Watts

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cari Chapman and Matthew Keating, Deputy Attorneys General, Department of Justice for the state
    for defendant: Elliot Margules, Assistant Public Defender, Office of the Public Defender for defendant.
    Case Number: D68500

    Defendant was not entitled to dismissal or a missing evidence instruction where the state did not deny him access to evidence material to his defense.

  • Walker v. State of Delaware

    Publication Date: 2019-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Stephanie Blaisdell, Assistant Public Defender, Dover, DE, for Kevin Walker.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for the state.
    Case Number: D68454

    An administrative search did not comply with the basic procedure, so defendant was entitled to suppression of the evidence which resulted from that search.

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  • Ayala v. State of Delaware

    Publication Date: 2019-02-27
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Bernard J. O'Donnell and James O. Turner, Jr., Office of the Public Defender, Wilmington, DE for Javier Ayala
    for defendant: Carolyn S. Hake, Department of Justice, Wilmington, DE for the state
    Case Number: D68477

    The trial court did not abuse its discretion in admitting a chemist's results from hypergeometric testing.

  • Rodriguez v. Metzger

    Publication Date: 2019-02-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for respondents.
    for defendant: N/A
    Case Number: D68460

    The court denied petitioner's habeas corpus relief because he failed to establish that his guilty plea was not entered voluntarily.

  • Pierce v. United States

    Publication Date: 2019-02-06
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Alexander Ibrahim, Assistant United States Attorney, United States Department of Justice, Wilmington, DE for the state.
    for defendant: N/A
    Case Number: D68449

    Defendant was not entitled to obtain relief from his sentence pursuant to subsequent case law, because he voluntarily consented to a plea agreement which contained a waiver clause.

  • Urquhart v. State of Delaware

    Publication Date: 2019-02-06
    Practice Area: Civil Rights | Criminal Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Eugene J. Maurer, Jr. and Elise K. Wolpert of Eugene J. Maurer, Jr. P.A., Wilmington, DE for Everett Ur-quhart.
    for defendant: Abby Adams, Department of Justice, Georgetown, DE for the state.
    Case Number: D68453

    Criminal defendant's right to assistance of counsel in a serious felony trial required more than the mere pres-ence of a defense attorney the day of trial.

  • Parker v. State of Delaware

    Publication Date: 2019-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Santino Ceccotti and Bernard J. O'Donnell, Office of the Public Defender, Wilmington, DE for applel-lant.
    for defendant: Andrew J. Vella, Department of Justice, Wilmington, DE for the state.
    Case Number: D68442

    The court vacated defendant's sentence because it constituted a double jeopardy violation. Remanded for resentencing.