• 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.

  • 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.

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  • 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.

  • Mills v. State

    Publication Date: 2019-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Bernard J. O'Donnell, Office of Public Defender, Wilmington, DE for appellant.
    for defendant: Maria T. Knoll, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68440

    The multiplicity doctrine precluded separate charges for resisting arrest for each law enforcement officer involved in an arrest and required only one charge for an arrest attempt.

  • United States of America v. Cook

    Publication Date: 2019-01-16
    Practice Area: Criminal Law
    Industry: Financial Services and Banking | Distribution and Wholesale | 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 United States of America.
    for defendant: Thomas E. Carluccio, Law Office of Thomas E. Carluccio, Plymouth Meeting, PA; Frank G. Fina, Law Office of Frank G. Fina, Plymouth Meeting, PA for defendant.

    Case Number: D68429

    The court denied a motion in limine where the evidence that the government sought to introduce was not intrinsic to the offenses charged in the indictment.

  • Ways v. State of Delaware

    Publication Date: 2019-01-02
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Vaughn
    Attorneys: For plaintiff: Abby Adams, Deputy Attorney General, Georgetown, DE for the state
    for defendant: Jerome M. Capone, Assistant Public Defender, Georgetown, DE for defendant.

    Case Number: D68413

    Motion to suppress was properly denied where police would have inevitably discovered drugs through legitimate means, and criminal defendant was not entitled to acquittal.

  • State of Delaware v. Matthews

    Publication Date: 2019-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph S. Grubb and Zachary D. Rosen, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert of Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.

    Case Number: D68412

    The state's misrepresentation of the evidence during closing argument, even if unintentional, prejudiced defendant and compromised the fairness of the proceeding.