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  • U.S. v. Rodriguez

    Publication Date: 2024-11-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1161

    Sentence was procedurally and substantively reasonable where offense level adjustment would not have affected the Guidelines range due to the statutory maximum and district court gave appropriate consideration to aggravating and mitigating factors.

  • United States v. Freeman

    Publication Date: 2024-10-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff: Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellant.
    for defendant: Kevin Pierce, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellee.
    Case Number: 23-2869

    District court erred by not relying on commentary to Guidelines sentencing enhancement that contained ambiguous language to determine applicability of enhancement to defendant's actions.

  • United States v. Sponaugle

    Publication Date: 2024-09-24
    Practice Area: Criminal Law
    Industry: Accounting | Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2851

    Accountants' testimony did not constitute improper lay opinion testimony where their discussion of accounting concepts was merely foundational to their fact testimony, which was based on their personal experiences with the fraudulent scheme in the case.

  • Stevenson v. May

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Sonali Shahi, Assistant Federal Defender, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for petitioner.
    for defendant: Elizabeth R. McFarlan, Deputy Attorney General of the Delaware Department of Justice, Wilmington, DE for respondents.
    Case Number: 07-473-JLH

    Motion to amend habeas petition denied where new claim did not relate back to original petition and was thus untimely.

  • United States v. Pritchett

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Benjamin L. Wallace, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellant.
    for defendant: David Pugh, Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellee.
    Case Number: 23-2005

    District court correctly suppressed evidence where defendant's actions were not sufficiently furtive or suspicious to justify a Terry stop.

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  • United States v. Gibbs

    Publication Date: 2024-05-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Kristen Clarke, David Weiss, Briana Knox, Julie Pfluger, Caylee Campbell, U.S. Department of Justice, Wilmington, DE, Madison, WI, and Washington, DC for plaintiff.
    for defendant: Clifton Gibbs, Philadelphia, PA, pro se defendant; Margaret M. Grasso, Law Office of Margaret M. Grasso, Philadelphia, PA, standby attorney for defendant.
    Case Number: 23-00035 (MN)

    Defendant failed to overcome the presumption of pretrial detention given the violent nature of his alleged offenses, his extensive criminal history, and his prior violations of the court's orders.

  • State v. Allen

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Amanda D. Buckworth, Deputy Attorney General, Department of Justice for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE for defendant.
    Case Number: 1510018545A

    Court ruled evidentiary hearings were necessary to resolve postconviction relief claims alleging trial counsel's ineffectiveness for failing to call witnesses who would contradict the complaining witness and whether the state committed a Brady violation by concealing knowledge of an alleged non-prosecution promise to the complaining witness.

  • United States v. Biden

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss, Special Counsel, Leo J. Wise, Principal Senior Assistant Special Counsel, Derek E. Hines, Senior Assistant Special Counsel, U.S. Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Christopher D. Man, Winston & Strawn, Washington, DC for defendant.
    Case Number: 23-61 (MN)

    Court declined to dismiss charges based on immunity purportedly conferred by a diversion agreement since the agreement lacked the approval necessary for it to go into effect and the parties and court disputed the scope of immunity.

  • McDougal v. State

    Publication Date: 2024-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nicole M. Walker, Office of Defense Services, Wilmington, DE for appellant.
    for defendant: Andrew R. Fletcher, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 170, 2023

    Police lacked articulable facts to suspect individual on sidewalk of loitering and thus unlawfully detained the individual for a pat down search.

  • United States v. Long

    Publication Date: 2024-03-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
    for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
    Case Number: 22-3033

    District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.