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  • State v. Santiago

    Publication Date: 2023-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Primos
    Attorneys: For plaintiff: Stephen R. Welch, Jr., Deputy Attorney General, Department of Justice, Dover DE for plaintiff.
    for defendant: Suzanne Macpherson-Johnson, Office of Defense Services, Dover, DE for defendant.
    Case Number: D70176

    Court invoked doctrine of jury lenity to allow operating vehicle causing death conviction to stand despite jury's failure to reach verdict on inattentive driving charge where the statute did not expressly require a conviction under the motor vehicle code and the evidence was sufficient to support a conviction.

  • Gregory v. State

    Publication Date: 2023-03-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: E. Calvin Harmon Jr., Brett Bendistis Wilmington, DE for appellant.
    for defendant: David C. Skoranski, Delaware Department of State, Wilmington, DE for appellee.
    Case Number: 1909016095(N)

    Court affirmed official misconduct conviction where evidence demonstrated that former city council president used his office to direct public funds to his non-profit entity.

  • Coleman v. State

    Publication Date: 2023-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
    for defendant: John R. Williams, Delaware Dep’t of Justice, Dover, DE for appellee.
    Case Number: 83, 2022

    The court affirmed the Superior Court's judgment of conviction on the basis that the trial court properly denied defendant's request to issue a jury instruction informing the jury that the police officer's failure to properly annotate the location of evidence in a backpack constituted "missing evidence" under the Lolly/Deberry line of cases.

  • United States v. Hurd

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1084

    The court affirmed the judgment of the district court denying appellant's motion for compassionate release.

  • State v. Galindez

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1712008053

    Motion for postconviction relief failed where defendant could not show that newly discovered eyewitness with testimony supporting a claim of self-defense would have altered the outcome of the trial as such testimony did not establish defendant's actual innocence, particularly where the testimony could not explain why defendant continued to use force and robbed the victim.

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  • United States v. Wright

    Publication Date: 2022-10-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1389

    Appeal challenging district court's jurisdiction and the substantive reasonableness of a below-Guidelines sentence was dismissed pursuant to the appeal waiver in defendant's plea agreement.

  • State v. Holmes

    Publication Date: 2022-10-04
    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: Eugene J. Maurer, Jr., Eugene J. Maurer, Jr., P.A., Wilmington, DE; Stephen P. Patrizio, Dranoff and Patrizio, P.C., Philadelphia, PA for defendant.
    Case Number: 1909006430

    Police could view surveillance footage and seize the system's hard drive under the exigent circumstances and plain view doctrines, and where a purported owner of the property gave consent to investigators.

  • Gibbs v. May

    Publication Date: 2022-10-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Myron Gibbs, pro se petitioner.
    for defendant: Matthew C. Bloom, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.
    Case Number: 18-1756-LPS

    Habeas petition dismissed as untimely where the one-year limitations period, as tolled by petitioner's state post-conviction motion, ran out prior to the filing of the petition, and there was no basis to equitably toll the limitations period.

  • Clark v. Fritzlen

    Publication Date: 2022-10-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jack Enic Clark, Louisa, VA, pro se petitioner
    for defendant: David C. Weiss, United States Attorney, and Dylan J. Steinberg, Assistant United States Attorney, Wilmington, DE for defendant.
    Case Number: 21-1462-CFC

    Petition for habeas relief dismissed where petitioner filed the petition in the wrong district court and failed to name the correct respondent.

  • United States v. Sponaugle

    Publication Date: 2022-09-20
    Practice Area: Criminal Law
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-103-LPS

    The court rejected the government's restitution request as untimely filed, and imposed an amount of mandatory restitution based on the limited record evidence of the victims' lost financial assets and loss of income.