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  • Cooper v. State

    Publication Date: 2020-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: James F. Brose, The Brose Law Firm, Media, PA; Stephanie Volturo and Jan A. T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for appellant.
    for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68959

    Confidential informant testimony and controlled buys corroborated by independent police surveillance were sufficient to establish a nexus in a search warrant application between defendant's residences and business location and the evidence of drugs and weapons sought by police.

  • Wiggins v. State of Delaware

    Publication Date: 2020-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE for Wiggins.
    for defendant: Matthew C. Bloom , Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D68957

    The court vacated a felony drug conviction and remanded for sentencing for a lesser-included misdemeanor, because the state failed to meet its burden of proving that the contents of a vial constituted a "mixture" under Delaware's Controlled Substances Act.

  • Chavis v. State

    Publication Date: 2020-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Nichole M. Walker, John K. Kirk, and Lisa M. Schwind, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68950

    Use of lab analysts' reports by testifying analyst who also participated in DNA profile matching did not violate defendant's Confrontation Clause rights where reports were non-testimonial because they did not substitute for testimony that would be used to prove an essential element of the crime.

  • United States v. Alexander

    Publication Date: 2020-04-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jennifer K. Welch and Carly A. Hudson, Assistant U. S. Attorneys for the government.
    for defendant: Anthony J. Petron, Law Offices of Anthony J. Petron, Philadelphia, PA; Gary S. Silver, Silver Legal Services, Philadelphia, PA for defendant.
    Case Number: D68933

    The court denied a motion to suppress physical evidence because law enforcement officials acted reasonably under the circum-stances. Defendant voluntarily made a pre-arrest statement to police, and he waived his rights prior to giving a recorded state-ment.

  • State of Delaware v. Smith

    Publication Date: 2020-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Amanda J. DiLiberto, Deputy Attorney General, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68932

    Defendant was not entitled to post-conviction relief, because trial counsel did not act improperly in cross-examining a witness instead of moving to strike, requesting a curative instruction, or moving for a mistrial.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Cruz v. Jurden

    Publication Date: 2020-03-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68919

    Inmate's complaint to overturn state court's decision denying motion to correct sentence was barred pursuant to the Rooker-Feldman doctrine.

  • McNeil v. Metzger

    Publication Date: 2020-03-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68924

    The court denied habeas corpus relief because petitioner voluntarily entered a guilty plea and he failed to demonstrate ineffec-tive assistance of counsel.

  • State of Delaware v. Wisher

    Publication Date: 2020-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner and Jillian Schroeder, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Cathy Johnson and Charles Tate, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68916

    The court denied a juvenile's motion to transfer charges to family court, because the juvenile engaged in conduct that was in-creasingly violent, and he had not meaningfully responded to past attempts at rehabilitation.

  • State of Delaware v. Smith

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.
    Case Number: D68901

    The court denied a juvenile defendant's motion to transfer his case to family court.

  • State of Delaware v. Purnell

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68900

    The court summarily dismissed defendant's motion for post-conviction relief because it was untimely.