• Flowers v. State

    Publication Date: 2018-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Bernard J. O'Donnell, attorney for appellant
    for defendant: Andrew Vella, attorney for appellee.

    Case Number: D68310

    Motion to suppress evidence seized during stop-and-frisk properly denied where police had reasonable suspicion to effect a Terry stop after observing suspect make movements consistent with an individual concealing a firearm in the waistband.

  • Chrichlow v. Metzger

    Publication Date: 2018-10-03
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Keino S. Chrichlow, pro se petitioner
    for defendant: Elizabeth R. McFarlan, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendant.

    Case Number: D680303

    Petition for writ of habeas corpus untimely where filed more than five years after judgment of conviction became final and where statutory tolling only tolled three years of that period.

  • State of Delaware v. Caudle

    Publication Date: 2018-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew B. Frawley and Colleen E. Durkin for the state
    for defendant: F. Phillip Renzulli and Joseph M. Leager for defendant.

    Case Number: D68291

    A criminal defendant charged with murder at age 16 was not entitled to transfer the matter to family court, be-cause he had a history of escalating violent behavior and failed to comply with prior rehabilitative efforts.

  • United States of America v. Gibson

    Publication Date: 2018-09-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Robert F. Kravetz, Lesley F. Wolf and Jamie M. McCall for the government
    for defendant: John S. Malik, Keneth M. Breen and John P. Nowak for defendant Gibson; Michael P. Kelly, Steven P. Wood, Geoffrey N. Rosamond and Andrew M. Lawler for defendant Harra; David Wilks, R. Stokes Nolte, Andrea S. Brooks and Thomas A. Foley for defendant North; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Henry Klingeman and Helen Nau for defendant Rakowski.

    Case Number: D68293

    Sufficient evidence supported the jury's verdict that defendants violated various banking and securities laws.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.

    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

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  • Bradley v. State

    Publication Date: 2018-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE, attorney for appellant
    for defendant: Carolyn S. Hake, Department of Justice, Wilmington, DE, attorney for appellee.

    Case Number: D68270

    Conviction for first-degree assault for intentionally causing serious physical injury affirmed where injury involved bite that left permanent scar and required prophylactic pharmaceutical treatment that caused serious side effects.

  • Thompson v. State of Delaware

    Publication Date: 2018-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Abby Adams for the state
    for defendant: Tasha M. Stevens for defendant.

    Case Number: D68244

    No violations of a criminal defendant's constitutional rights occurred in connection with his probation viola-tion hearing.

  • State of Delaware v. Williams

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Eric H. Zubrow for the state
    for defendant: Natalie S. Woloshin for defendant.

    Case Number: D68212

    Criminal defendant failed to meet his burden of showing that trial counsel's performance was objectively un-reasonable, or that that defendant was prejudiced by it.

  • State of Delaware v. Taylor

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Elizabeth R. McFarlan and Maria T. Knoll for the state
    for defendant: Herbert Mondros for defendant.

    Case Number: D68211

    Criminal defendant's second motion for post-conviction relief was procedurally barred, and he was not entitled to the "actual innocence" exception due to lack of intent to commit a murder, where defendant failed to show he was factually innocent of the murder.

  • Grimes v. State

    Publication Date: 2018-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Russell Grimes, pro se appellant
    for defendant: Smyrna, DE; John Williams, Delaware Department of Justice, Dover, DE, attorney for appellee.

    Case Number: D68192

    Acquittal on lesser-included offense did not preclude retrial on greater offenses contained within the same indictment after initial conviction on those greater offenses was vacated on direct appeal.