• 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.

  • Page v. Fucci

    Publication Date: 2018-10-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Adam R. Elgart for plaintiffs
    for defendant: Thomas J. Marcoz for defendants.

    Case Number: D68323

    Plaintiff in this medical malpractice case was entitled to the discovery of notes written by two doctors and their practice manager prior to the filing of this case and before any of the parties were represented by counsel.

  • 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.

  • Daniels v. Delaware Psychiatric Ctr.

    Publication Date: 2018-10-03
    Practice Area: Evidence | Government | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
    for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.

    Case Number: D680304

    Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.

  • 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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  • Sekyi v. Delaware Bd. of Pharmacy

    Publication Date: 2018-09-12
    Practice Area: Administrative Law | Evidence
    Industry: Pharmaceuticals | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Eileen Kelly for plaintiff
    for defendant: Gregory A. Morris for defendant.

    Case Number: D68284

    The board of pharmacy improperly considered additional evidence beyond the record when it imposed a greater sanction on a licensee than did the hearing officer.

  • 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. 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. Seaton

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: William L. Raisis for the state
    for defendant: Michael W. Modica for defendant.

    Case Number: D68044

    A state trooper did not have probable cause for a traffic stop where the defendants vehicle drifted slightly into an adjacent lane for a brief period, because no other vehicles were in the vicinity and defendant was not speed-ing or otherwise violating traffic laws.

  • ADT Holdings, Inc. v. Harris

    Publication Date: 2017-10-18
    Practice Area: Evidence
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff:
    for defendant: Steven L. Caponi for plaintiffs; Megan Ward Cascio, Lauren Neal Bennett, Mark C. Scarsi, Ashlee N. Lin, Katherine R. Pieruc-ci and J. Samuel Payne for defendants

    Case Number: D67897

    A nonparty was not entitled to an order sealing trial exhibits and closing the courtroom, because it failed to establish any particularized risk of harm from disclosure of the information at trial.