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  • State v. Xenidis

    Publication Date: 2019-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68637

    In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.

  • State v. Boyd

    Publication Date: 2019-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Matthew C. Bloom, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Joe Hurley for defendant.
    Case Number: D68628

    The court granted a motion to suppress with regard to defendant's inculpatory statements made after the interviewer made threatening comments and posed leading questions to elicit admissions by defendant.

  • State v. Bussey

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    for defendant: Casey L. Ewart, Dep't of Justice, Dover, DE for the state.
    Case Number: D68629

    Defense counsel adopted a reasonable trial strategy, so defendant was not entitled to post-conviction relief due to ineffective-ness of counsel.

  • Smith v. State

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
    for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
    Case Number: D68627

    The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.

  • State v. Waters

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Abby Adams, Brian J. Robertson and Cynthia Hurlock, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68613

    The state failed to establish probable cause for searching defendant's historical cell site location information, but other direct and circumstantial evidence established defendant's guilt beyond a reasonable doubt.

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  • State v. Jernigan

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Lindsay A. Taylor, Department of Justice, Dover DE for the state.
    for defendant: Adam D. Windett, Hopkins & Windett, LLC, Dover, DE for defendant.
    Case Number: D68612

    Police failed to use readily available resources to check whether defendant had a valid medical marijuana card, so they lacked probable cause to search his vehicle.

  • Evans v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68600

    Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.

  • Baynum v. State

    Publication Date: 2019-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Brian L. Arban, Department of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Wilmington, DE for defendant.
    Case Number: D68596

    Trial counsel's failure to request a lesser-included offense jury instruction fell below the objective standard of reasonableness, so defendant was entitled to a new trial.

  • State v. Montgomery

    Publication Date: 2019-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Timothy Maguire, Deputy Attorney General for the state.
    for defendant:
    Case Number: D68589

    A purported statement by a juror regarding defendant's guilt was mere loose talk and did not result in a violation of defend-ant's right to a fair trial. The court promptly questioned the jurors and provided curative instructions.

  • United States v. Cook

    Publication Date: 2019-05-29
    Practice Area: Banking and Finance Laws | Criminal Law
    Industry: Financial Services and Banking | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Whitney C. Cloud and Lesley F. Wolf, Assistant United States Attorneys, Wilmington, DE for the gov-ernment.
    for defendant: Thomas E. Carluccio and Frank G. Fina, Plymouth Meeting, PA for defendant.
    Case Number: D68580

    Ample evidence existed to support defendant's convictions for bank fraud and making false statements to a bank.