• Burroughs v. Metzger

    Publication Date: 2018-12-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Marvin S. Burroughs, pro se petitioner
    for defendant: Kathryn Joy Garrison, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68376

    Federal habeas petition dismissed where claim of ineffective assistance of post-conviction counsel not cognizable where there was no constitutional right to counsel in collateral proceedings and where the petition was filed outside the limitations period.

  • Desai v. State

    Publication Date: 2018-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael W. Modica, attorney for appellant
    for defendant: Jillian L. Schroeder, attorney for defendant.

    Case Number: D68376

    State trooper was qualified witness to admit breathalyzer calibration logbook under business records exception where trooper had personal knowledge of state chemist's practice of completing logbook right after conduct calibration test.

  • State of Delaware v. Byard

    Publication Date: 2018-11-07
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi, Erik C. Towne, Department of Justice, Wilmington, DE, attorneys for the state
    for defendant: Michael W. Modica, Wilmongton, DE, attorney for defendant.

    Case Number: D68349

    Where the state elicited testimony tending to show that defendant avoided cooperating with a police investiga-tion, he was entitled to a new trial.

  • State of Delaware v. McElderry

    Publication Date: 2018-10-24
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Rebecca Song, Deputy Attorney General, Department of Justice, Wilmington, DE, for the state
    for defendant: James O. Turner, Jr., Assistant Public Defender, Office of Defense Services, Wilmington, DE, for de-fendant.

    Case Number: D68333

    Police officers had a sufficiently reasonable suspicion of criminal activity, which justified the seizure of evi-dence.

  • State of Delaware v. Love

    Publication Date: 2018-10-17
    Practice Area: Criminal Law | Social Media
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68325

    An administrative search was supported by a reasonable suspicion on the part of law enforcement, and de-fendant voluntarily chose to make a post-arrest statement.

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  • Flowers v. State

    Publication Date: 2018-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Bernard J. O'Donnell, attorney for appellant
    for defendant: Andrew Vella, attorney for appellee.

    Case Number: D68310

    Motion to suppress evidence seized during stop-and-frisk properly denied where police had reasonable suspicion to effect a Terry stop after observing suspect make movements consistent with an individual concealing a firearm in the waistband.

  • Chrichlow v. Metzger

    Publication Date: 2018-10-03
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Keino S. Chrichlow, pro se petitioner
    for defendant: Elizabeth R. McFarlan, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendant.

    Case Number: D680303

    Petition for writ of habeas corpus untimely where filed more than five years after judgment of conviction became final and where statutory tolling only tolled three years of that period.

  • State of Delaware v. Caudle

    Publication Date: 2018-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew B. Frawley and Colleen E. Durkin for the state
    for defendant: F. Phillip Renzulli and Joseph M. Leager for defendant.

    Case Number: D68291

    A criminal defendant charged with murder at age 16 was not entitled to transfer the matter to family court, be-cause he had a history of escalating violent behavior and failed to comply with prior rehabilitative efforts.

  • United States of America v. Gibson

    Publication Date: 2018-09-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Robert F. Kravetz, Lesley F. Wolf and Jamie M. McCall for the government
    for defendant: John S. Malik, Keneth M. Breen and John P. Nowak for defendant Gibson; Michael P. Kelly, Steven P. Wood, Geoffrey N. Rosamond and Andrew M. Lawler for defendant Harra; David Wilks, R. Stokes Nolte, Andrea S. Brooks and Thomas A. Foley for defendant North; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Henry Klingeman and Helen Nau for defendant Rakowski.

    Case Number: D68293

    Sufficient evidence supported the jury's verdict that defendants violated various banking and securities laws.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.

    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.