• Martin v. State

    Publication Date: 2023-11-20
    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 for appellant.
    for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 2111004614(N)

    Increasing sentence from suspended fine to term of incarceration did not violate double jeopardy where defendant lacked a reasonable expectation of finality in a larger sentencing plan and where the state's time to appeal the sentence had not yet elapsed.

  • State of Delaware v. Gillen

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: James Betts, Department of Justice, for the State of Delaware.
    for defendant: James M. Stiller for defendant.

    Case Number: 2211005299

    A reasonable, articulable suspicion existed to conduct a DUI investigation when defendant purposefully popped his muffler as he drove raising the equipment violation to the level of impaired judgment. Defendant's motion to suppress denied.

  • Martin v. State of Delaware

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge LeGrow
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: 112, 2021

    The Delaware Supreme Court held that a postconviction petition will not be mooted by a defendant's completion of his sentence after the petition is filed if the defendant pleads that there are continuing collateral consequences arising from the conviction.

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • Rogers v. Superintendent Greene SCI

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
    for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.

    Case Number: 21-2601

    Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.

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  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.

    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.

  • Range v. Attorney Gen. United States of Am.

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: William V. Bergstrom, Peter A. Patterson, David H. Thompson, Cooper & Kirk, Washington, DC; Michael P. Gottlieb, Vangrossi & Recchuiti, Norristown, PA for appellant.
    for defendant: Brian M. Boynton, Jacqueline C. Romero, Mark B. Stern, Michael S. Raab, Abby C. Wright, Kevin B. Soter, United States Department of Justice Civil Division, Washington, DC for appellees.

    Case Number: 21-2835

    Federal felon-in-possession statute barring person convicted of false statements under state law was inconsistent with nation's historical tradition of firearms regulation.

  • Bass v. State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
    for defendant: Brian Arban, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 218, 2022

    Errors in microscopic hair comparison forensic testimony did not compel postconviction relief where the errors did not exculpate defendant and the state presented other substantial evidence of defendant's guilt.

  • State v. Holmes

    Publication Date: 2023-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel B. McBride, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Robert M. Gamburg, Gamburg & Benedetto LLC, Philadelphia, PA; Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: 2203012514

    Search warrant was supported by probable cause where police obtained various articulable facts indicating that an apartment and storage unit were used by defendant for stashing drugs, with that suspicion confirmed by a non-Fourth Amendment canine sniff.

  • United States v. Evridiki Navigation Inc.

    Publication Date: 2023-06-13
    Practice Area: Criminal Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2032

    District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.