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  • United States of America v. Harrison

    Publication Date: 2018-03-28
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68092

    Law enforcement officers had probable cause to search defendants vehicle without a warrant, because the government pre-sented particularized and articulable evidence regarding the small of marijuana.

  • State of Delaware v. Keys

    Publication Date: 2018-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Philip M. Casale for the state
    for defendant: Monica G. Germono for defendant
    Case Number: D68076

    A juvenile charged as an adult was entitled to a transfer to family court where he was incompetent to stand trial, but was not eligible for any of the treatment programs available to adult offenders. Motion to transfer charges to family court granted.

  • Harden v. State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE, attorney for appellant
    for defendant: Martin B. O'Connor, Deputy Attorney General, Department of Justice, Wilmington, DE, attorneys for defendant.
    Case Number: D68046

    Sentencing counsel was ineffective in failing to consult with defendant and develop coherent strategy for asking trial court for sentence below recommended sentence of negotiated plea agreement, and in failing to prepare defendant to give an allocution demonstrating remorse.

  • 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.

  • U.S. v. Yung

    Publication Date: 2018-02-14
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Shawn Weede and Elizabeth L. Van Pelt for plaintiff
    for defendant: Edson A. Bostic and Eleni Kousoulis for defendant.
    Case Number: D68045

    Criminal defendant failed to demonstrate that cyberstalking statute was unconstitutionally overbroad.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

    View this Book

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  • State of Delaware v. Hazelton

    Publication Date: 2018-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Danielle J. Brennan and Amanda R. Nyman for the state
    for defendant: Michael W. Andrew for defendant.
    Case Number: D68027

    The superior courts dismissal of an indictment was an abuse of discretion, because the state did not engage in unnecessary delay in filing the matter in that court.

  • State of Delaware v. Coverdale

    Publication Date: 2018-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Andrew J. Vella for the state
    for defendant: Benjamin S. Gifford IV for defendant.
    Case Number: D68012

    A tactical decision at trial not to request a jury instruction regarding a lesser-included offense was not objec-tively unreasonable, so criminal defendant was not entitled to post-conviction relief for ineffective assistance of counsel.

  • Windsor v. Metzger

    Publication Date: 2017-12-06
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67965

    A petitioner seeking a writ of habeas corpus failed to file for relief within the one-year deadline, and the court concluded nei-ther statutory nor equitable tolling applied.

  • U.S. v. Mosley

    Publication Date: 2017-11-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss and Edmond Falgowski for plaintiff
    for defendant: Edson A. Bostic and Tieffa N. Harper for defendant.
    Case Number: D67955

    A prison officials conduct in arranging and delivering contraband to an inmate in return for payment qualified as an official act for purposes of the conspiracy and extortion charges made against her.

  • White v. State of Delaware

    Publication Date: 2017-11-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Michael W. Modica for appellant
    for defendant: Brian L. Arban for the state.
    Case Number: D67924

    Defense counsels failure to request a lesser included offense instruction was based on an incorrect assump-tion about the legal standards for the offenses, and counsels conduct fell below the objective standard of rea-sonableness, resulting in prejudice to defendant.