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  • 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.

  • Evans v. State

    Publication Date: 2019-05-15
    Practice Area: Criminal Law | Evidence
    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: D68560

    Misdemeanor criminal impersonation statute required the state to prove that the false identity offered and assumed by the defendant was that of a real, live person.

  • State v. Risper

    Publication Date: 2019-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D6846

    A search warrant was overly broad, because the state only had probable cause to search and seize tracking information con-tained on defendant's cellular phone.

  • State v. Robinson

    Publication Date: 2019-05-01
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.
    Case Number: D68547

    The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.

  • State of Delaware v. Nastatos

    Publication Date: 2019-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Renee Hrivnak, Department of Justice, Wilmington, DE for the state
    for defendant: Christopher S. Koyste, Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D68522

    Defendant failed to establish any prejudice due to the alleged ineffectiveness of his counsel.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Valentine v. State of Delaware

    Publication Date: 2019-04-03
    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: Benjamin S. Gifford, IV, Wilmington, DE for defendant.
    Case Number: D68517

    A search warrant was not based on probable cause where an unidentified informant's tip was not corroborated by police surveillance or other information.

  • State of Delaware v. Reese

    Publication Date: 2019-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Daniel B. McBride, Dep't of Justice, Wilmington, DE for the state
    for defendant: Kevin P. Tray, Law Office of Kevin P. Tray, Wilmington, DE for defendant.
    Case Number: D68516

    A search warrant failed to establish a sufficient nexus between the crimes investigated and defendant's cellular phone.

  • Burrell v. State

    Publication Date: 2019-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Edward C. Gill, Georgetown, DE for appellant.
    for defendant: John R. Williams, Department of Justice, Dover, DE for appellee.
    Case Number: D68503

    Juvenile offender's aggregate sentence of 37 years, which included a mandatory minimum sentence of 25 years for murder, did not violate the holding of Miller v. Alabama where the sentencing statute expressly imposed a lesser punishment on juvenile offenders, offender's sentence was not the functional equivalent of life without parole, and multiple mandatory sentences would still give offender chance at parole.

  • State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.
    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • State of Delaware v. Watts

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cari Chapman and Matthew Keating, Deputy Attorneys General, Department of Justice for the state
    for defendant: Elliot Margules, Assistant Public Defender, Office of the Public Defender for defendant.
    Case Number: D68500

    Defendant was not entitled to dismissal or a missing evidence instruction where the state did not deny him access to evidence material to his defense.