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  • Risper v. State of Delaware

    Publication Date: 2021-04-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew J. Vella, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Nicole M. Walker, Office of Public Defender, Wilmington, DE for defendant.
    Case Number: D69372

    The Delaware Supreme Court reversed and remanded this criminal proceeding where the state did not pro-vide exculpatory evidence until the eve of defendant's murder trial.

  • Lloyd v. State of Delaware

    Publication Date: 2021-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Megan J. Davies, Jan A.T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for defendant.
    Case Number: D69364

    The trial court did not err in denying defendant's motion to sever his case for trial in this criminal racket-eering matter.

  • Hairston v. State

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nicole M. Walker, Office of Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Delaware Dep’t of Justice, Wilmington, DE for appellee.
    Case Number: D69351

    State was required to produce seizing and packaging officer upon timely demand from defendant and could not substitute another officer who witnessed the seizure and packaging of evidence as a means to authenticate evidence and establish the chain of custody.

  • State of Delaware v. Wilson

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Mark A. Denney, Jr., Michael B. Cooksey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Anthony A. Figiola, Jr., Greto Law, Wilmington, DE for defendant.
    Case Number: D69357

    The court denied defendant's motion for a new trial because the state did not improperly withhold excul-patory evidence and defendant failed to demonstrate any prejudice.

  • State of Delaware v. Belfield

    Publication Date: 2021-03-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69340

    Defendant failed to demonstrate that his trial counsel's representation was inadequate, or that he suffered prejudice due to counsel's conduct.

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  • Swan v. State of Delaware

    Publication Date: 2021-03-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeve
    Attorneys: For plaintiff: John Williams, Delaware Dep’t of Justice, Dover, DE for the state.
    for defendant: Stamatios Stamoulis of Stamoulis & Weinblatt, LLC, Wilmington, DE for defendant.
    Case Number: D69332

    Defendant's motion for post-conviction relief was untimely and defendant did not demonstrate that any exception applied.

  • State of Delaware v. Ferguson

    Publication Date: 2021-03-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: James J. Kriner, Diana A. Dunn, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Andrew J. Meyer, Alanna R. Farber, Office of Defense Serv., Wilmington, DE for defendant.
    Case Number: D69331

    Defendant's vague comment about having an attorney present during questioning by police did not invoke her right to counsel, and statements by a law enforcement officer were not intended to undermine defend-ant's rights.

  • State of Delaware v. Coleman

    Publication Date: 2021-03-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Martin O’Connor, Elizabeth McFarlan, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69317

    Defendant failed to demonstrate the ineffectiveness of his trial counsel, so the court rejected his motion for post-conviction relief.

  • Daniels v. State of Delaware

    Publication Date: 2021-02-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69289

    The court erred in considering defendant's conviction for driving under the influence in another state, be-cause that state's law was not similar to Delaware's law.

  • State of Delaware v. King,

    Publication Date: 2021-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric H. Zubrow, Erika R. Flaschner, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Kevin J. O’Connell, Christina L. Ruggiero, Delaware Office of Defense Serv., Wilmington, DE for defendant.
    Case Number: D69285

    Surveillance of defendant and seizure of an article from the trash did not require a search warrant.