• 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.

  • Harris v. State

    Publication Date: 2018-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE for appellant.
    for defendant: Matthew F. Hicks, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68391

    Trial court did not err in considering Intoxilyzer test results to find defendant guilty of DUI after he stipulated to the sufficiency of the Intoxilyzer calibration logs and card.

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  • Burroughs v. Metzger

    Publication Date: 2018-12-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Marvin S. Burroughs, pro se petitioner
    for defendant: Kathryn Joy Garrison, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68376

    Federal habeas petition dismissed where claim of ineffective assistance of post-conviction counsel not cognizable where there was no constitutional right to counsel in collateral proceedings and where the petition was filed outside the limitations period.

  • Desai v. State

    Publication Date: 2018-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael W. Modica, attorney for appellant
    for defendant: Jillian L. Schroeder, attorney for defendant.

    Case Number: D68376

    State trooper was qualified witness to admit breathalyzer calibration logbook under business records exception where trooper had personal knowledge of state chemist's practice of completing logbook right after conduct calibration test.

  • State of Delaware v. Byard

    Publication Date: 2018-11-07
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi, Erik C. Towne, Department of Justice, Wilmington, DE, attorneys for the state
    for defendant: Michael W. Modica, Wilmongton, DE, attorney for defendant.

    Case Number: D68349

    Where the state elicited testimony tending to show that defendant avoided cooperating with a police investiga-tion, he was entitled to a new trial.

  • State of Delaware v. McElderry

    Publication Date: 2018-10-24
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Rebecca Song, Deputy Attorney General, Department of Justice, Wilmington, DE, for the state
    for defendant: James O. Turner, Jr., Assistant Public Defender, Office of Defense Services, Wilmington, DE, for de-fendant.

    Case Number: D68333

    Police officers had a sufficiently reasonable suspicion of criminal activity, which justified the seizure of evi-dence.

  • State of Delaware v. Love

    Publication Date: 2018-10-17
    Practice Area: Criminal Law | Social Media
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68325

    An administrative search was supported by a reasonable suspicion on the part of law enforcement, and de-fendant voluntarily chose to make a post-arrest statement.