• State of Delaware v. Desmond

    Publication Date: 2020-02-26
    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: D68891

    Defendant was not entitled to removal of this criminal action to federal court, because he failed to identify any racial discrimi-nation issues, and he did not demonstrate that the judge in the state court proceeding was unqualified. Denial of petition for re-moval affirmed.

  • Damiani-Melendez v. Metzger

    Publication Date: 2020-02-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Pablo Damiani-Melendez, pro se petitioner.
    for defendant: Brian L. Arban, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68887

    Petition for writ of habeas corpus denied as untimely as there was not enough time that could be equitably tolled from the limitations to render timely a petition filed three years after conviction became final.

  • State of Delaware v. Mareno

    Publication Date: 2020-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Christian D. Wright, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE for defendant.

    Case Number: D68876

    A criminal defendant was not entitled to relief for ineffective assistance of counsel because he had accepted a plea agreement and the sentence was within the range contemplated by the agreement.

  • Clark v. State

    Publication Date: 2020-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Christopher S. Koyste, Wilmington, DE for appellant.
    for defendant: Abby L. Adams, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68856

    Judgment of acquittal on second-degree attempted assault conviction as lesser-included offense of first-degree murder properly denied where evidence at trial was sufficient to find that defendant, who intended to assault a completely different victim, intended to cause serious bodily injury where he attempted to find the intended victim in a rage, recruited two associates, and armed himself with a firearm.

  • United States v. Small

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68853

    Searches of defendant's vehicle and home were constitutionally valid, so denial of a motion to suppress was proper.

  • 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

    View more book results for the query "*"

  • State of Delaware v. McMullen

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Bradley
    Attorneys: For plaintiff: David Hume, IV and Georgia C. Pham, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: John P. Daniello and Michael A. Capasso, Office of the Public Defender, Georgetown, DE for defendant.

    Case Number: D68851

    In this bench trial, the court found defendant guilty of murder in the first degree and for possession of a firearm during the commission of a felony.

  • United States v. Dougherty

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jeffrey A. Finucane, assistant United States attorney, Martinsburg, WV for plaintiff.
    for defendant: N/A

    Case Number: D68829

    Where defendant filed multiple incoherent motions, the court ordered a psychological evaluation to determine defendant's competency.

  • State of Delaware v. Lovell

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Stephen McDonald, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, Wilmington, DE for defendant.

    Case Number: D68825

    A search warrant lacked probable cause, because it did not contain a logical nexus between the items sought and the location searched.

  • State v. Johnson

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Annemarie H. Puit, Deputy Attorney General, Department of Justice, Wilmington, DE; John S. Taylor, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: D68824

    Motion to suppress evidence seized from search warrants granted where temporal scope of warrants was overly broad and where affidavits of probable cause failed to set forth specific factual allegations establishing a logical nexus between the cell phone being searched and the crime being investigated.

  • State of Delaware v. Jones

    Publication Date: 2019-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathryn J. Garrison, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.

    Case Number: D68821

    The state had a tacit understanding with a prison informant that it would assist with the reduction of the in-formant's sentence if he testified against defendant, but the state failed to disclose this to defendant.