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  • State of Delaware v. Ferinden

    Publication Date: 2018-06-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Jenna R. Milecki for the state
    for defendant: Joe Hurley for defendant.
    Case Number: D68188

    In this criminal proceeding involving two alleged sexual abuse victims, the court concluded that severance was not necessary, because the crimes were of the same general character, involved a similar course of conduct and took place within a brief span of time.

  • Everett v. State of Delaware

    Publication Date: 2018-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Martin B. O'Connor for the state.
    for defendant: Nicole M. Walker for defendant
    Case Number: D68177

    A criminal defendant did not have a legitimate expectation of privacy with regard to his social media account where he permitted others to have access to material he posted on that account, so the search warrant based on such information did not violate defendant's constitutional rights.

  • Hunter v. Metzger

    Publication Date: 2018-05-30
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Marion Peter Hunter, pro se petitioner
    for defendant: Brian L. Arban, Deputy Attorney General of the Delaware Department of Justice, Wilmington, DE, attorney for respondents.
    Case Number: D68158

    Habeas petition alleging ineffective assistance of trial counsel for failure to move for dismissal of indictment for lack of evidentiary support dismissed where petitioner's guilty plea colloquy established his knowing and voluntary admission of guilty and acknowledgement of his understanding of the waiver of his constitutional rights.

  • State of Delaware v. Byard

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi for the state
    for defendant: Michael W. Modica for defendant.
    Case Number: D68163

    Information obtained from a vehicle's crash sensing device was admissible because the accuracy of the device had been tested, the results of such tests had been published in peer-reviewed publications, the tests established the device's known error rates, a governmental agency had established rules regarding this technology, and such devices were widely used in the automobile industry.

  • State of Delaware v. Robinson

    Publication Date: 2018-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Lugg and Carolyn S. Hake for the state
    for defendant: Patrick J. Collins for defendant.
    Case Number: D68164

    The state violated a criminal defendant's constitutional rights when it obtained documents from his prison cell and reviewed confidential attorney-client information without court approval.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Scheing v. Fountain

    Publication Date: 2018-05-09
    Practice Area: Criminal Law | Government
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: L. Anthony DiJiacomo, III and Matthew B. Weisberg for appellants
    for defendant: Joseph C. Handlon for appellees.
    Case Number: D68139

    Plaintiff failed to state a claim for malicious prosecution because he did not allege specific facts relating to individual defend-ants, and plaintiff was unable to overcome the presumption of probable cause based on the grand jury indictment.

  • State of Delaware v. Madison

    Publication Date: 2018-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Karin M. Volker for the state
    for defendant: Christopher S. Koyste for defendant.
    Case Number: D68124

    Defendant neither met his burden of showing objective unreasonableness on the part of his trial counsel, nor any prejudice as the result of his trial counsels conduct.

  • State of Delaware v. Madison

    Publication Date: 2018-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Karin M. Volker for the state
    for defendant: Christopher S. Koyste for defendant.
    Case Number: D68124

    Defendant neither met his burden of showing objective unreasonableness on the part of his trial counsel, nor any prejudice as the result of his trial counsels conduct.

  • State of Delaware v. Andre Murray

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Erika R. Flaschner for the state
    for defendant: Ross A. Flockerzie for defendant.
    Case Number: D68116

    Law enforcement officer was unable to articulate an objective reason for stopping a pedestrian whom the of-ficer believed was carrying a gun.

  • State of Delaware v. Culp

    Publication Date: 2018-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Dennis Kelleher for the state
    for defendant: William T. Deely for defendant.
    Case Number: D68101

    The court exercised its discretion to modify the sentence of a criminal defendant where her behavior in prison was exemplary, and defendant did not pose any danger to the community.