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  • State v. Carter

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Daniel McBride, Deputy Attorney General, Office of the Attorney General, Wilmington, DE for plaintiff.
    for defendant: Elise Wolpert, Office of Eugene I. Maurer, Jr., P.A. Wilmington, DE for defendant.
    Case Number: D69831

    Second warrant, which cured overbroad defects from a prior warrant, was permissible under the independent source doctrine where no evidence directly or indirectly obtained from the improper first warrant was used to apply for the second warrant.

  • State v. McGuiness

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Mark A. Denney, Jr., Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE for defendant.
    Case Number: D69832

    Court sanctioned prosecution by excluding any evidence obtained from seized electronic devices from the state's case in chief where investigators took over six months to access and turn over device contents.

  • State v. Smith

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Michael H. Tipton, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69820

    Court did not err in finding aggravating factors that supported sentence, where evidence and colloquy testimony demonstrated that defendant had approached the victim and shot the victim in the back.

  • Patterson v. State

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Elliot Margules, Office of The Public Defender, Wilmington, DE for appellant.
    for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE, attorneys for appellee.
    Case Number: D69817

    The state did not commit a discovery violation by failing to highlight the importance of photos extracted from the victim's cell phone, where appellant was provided with ample access to review the photos and the identity and appearance of the victim were going to be a central issue of the trial.

  • State v. Brown

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Colleen Durkin, Deputy Attorney General, Department of Justice, Wilmington, DE for State.
    for defendant: Meghan E. Crist, Assistant Public Defender, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69615

    The court held that factors such as defendant's maturity and lack of prior criminal record supported a finding that defendant can rehabilitate, making a transfer of defendant's criminal charges to Family Court under 10 Del. C. § 1011 appropriate.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • State v. Washington

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Carolyn S. Hake, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for the DE.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69617

    The court found defendant's claims to support a new trial were barred as untimely under Rule 61(i)(1), as a successive motion under Rule 61(i)(2), and, in part, by procedural default under Rule 61(i)(3) because the evidence failed to satisfy the new evidence of actual innocence standard of Rule 61.

  • State v. Thomas

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Office of the Attorney General, Wilmington, DE, for the State.
    for defendant: Christopher Koyste, Bellefonte, DE for defendant.
    Case Number: D69616

    The court held that defendant was not entitled to post-conviction relief under Superior Court Criminal Rule 61 where certain perjured testimony by a supposed eyewitness did not prejudice defendant's conviction, where there was no prej-udicial prosecutorial misconduct and where the issue of a Brady violation was moot.

  • United States v. Bacon

    Publication Date: 2021-11-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Maureen McCartney, Jesse S. Wenger, Christopher L. de Barrena-Sarobe, U.S. Attorney's Office, District of Delaware, Wilmington, DE for plaintiff.
    for defendant: Edson A. Bostic, The Bostic Law Firm, Philadelphia, PA; Conor Wilson, Office of The Federal Public Defender, Wilmington, DE; Jose Luis Ongay, Law Offices of Jose Luis Ongay, Plymouth Meeting, PA; Michael N. Huff, Law Offices of Michael N. Huff, Philadelphia, PA; Luis A. Ortiz, Law Offices of Luis A. Ortiz, Philadelphia, PA; Christopher G. Furlong, Law Offices of Christopher G. Furlong, Media, PA for defendants.
    Case Number: D69613

    Cyberstalking constituted a predicate crime of violence to support a firearms charge, where the elements of the charged cyberstalking offense necessarily alleged that defendant engaged in conduct that involved threatening the use of physical force or violence.

  • Brown v. Evans

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Christofer Curtis Johnson, The Johnson Firm LLC, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, New Castle County Law Department, New Castle, DE for defendants.
    Case Number: D69599

    The court held that where plaintiff alleged that when police received a tip about drug dealing at his house, police did not investigate further but forcibly subdued and arrested him, plaintiff stated a claim for excessive force and unlawful arrest.

  • State v. Broomer

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Samuel L. Guy, Wilmington, DE for defendant.
    Case Number: D69064

    Counsel was not ineffective for failing to pursue a Brady claim arising from the criminal conduct of a state expert, where the expert was not arrested until after defendant's conviction and there was no evidence the prosecution had any knowledge of the expert's ongoing misconduct at the time of defendant's trial.