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  • Bradley v. State

    Publication Date: 2018-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE, attorney for appellant
    for defendant: Carolyn S. Hake, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68270

    Conviction for first-degree assault for intentionally causing serious physical injury affirmed where injury involved bite that left permanent scar and required prophylactic pharmaceutical treatment that caused serious side effects.

  • Thompson v. State of Delaware

    Publication Date: 2018-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Abby Adams for the state
    for defendant: Tasha M. Stevens for defendant.
    Case Number: D68244

    No violations of a criminal defendant's constitutional rights occurred in connection with his probation viola-tion hearing.

  • State of Delaware v. Williams

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Eric H. Zubrow for the state
    for defendant: Natalie S. Woloshin for defendant.
    Case Number: D68212

    Criminal defendant failed to meet his burden of showing that trial counsel's performance was objectively un-reasonable, or that that defendant was prejudiced by it.

  • State of Delaware v. Taylor

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Elizabeth R. McFarlan and Maria T. Knoll for the state
    for defendant: Herbert Mondros for defendant.
    Case Number: D68211

    Criminal defendant's second motion for post-conviction relief was procedurally barred, and he was not entitled to the "actual innocence" exception due to lack of intent to commit a murder, where defendant failed to show he was factually innocent of the murder.

  • Grimes v. State

    Publication Date: 2018-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Russell Grimes, pro se appellant
    for defendant: Smyrna, DE; John Williams, Delaware Department of Justice, Dover, DE, attorney for appellee.
    Case Number: D68192

    Acquittal on lesser-included offense did not preclude retrial on greater offenses contained within the same indictment after initial conviction on those greater offenses was vacated on direct appeal.

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  • State of Delaware v. Ferinden

    Publication Date: 2018-06-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Jenna R. Milecki for the state
    for defendant: Joe Hurley for defendant.
    Case Number: D68188

    In this criminal proceeding involving two alleged sexual abuse victims, the court concluded that severance was not necessary, because the crimes were of the same general character, involved a similar course of conduct and took place within a brief span of time.

  • Everett v. State of Delaware

    Publication Date: 2018-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Martin B. O'Connor for the state.
    for defendant: Nicole M. Walker for defendant
    Case Number: D68177

    A criminal defendant did not have a legitimate expectation of privacy with regard to his social media account where he permitted others to have access to material he posted on that account, so the search warrant based on such information did not violate defendant's constitutional rights.

  • Hunter v. Metzger

    Publication Date: 2018-05-30
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Marion Peter Hunter, pro se petitioner
    for defendant: Brian L. Arban, Deputy Attorney General of the Delaware Department of Justice, Wilmington, DE, attorney for respondents.
    Case Number: D68158

    Habeas petition alleging ineffective assistance of trial counsel for failure to move for dismissal of indictment for lack of evidentiary support dismissed where petitioner's guilty plea colloquy established his knowing and voluntary admission of guilty and acknowledgement of his understanding of the waiver of his constitutional rights.

  • State of Delaware v. Byard

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi for the state
    for defendant: Michael W. Modica for defendant.
    Case Number: D68163

    Information obtained from a vehicle's crash sensing device was admissible because the accuracy of the device had been tested, the results of such tests had been published in peer-reviewed publications, the tests established the device's known error rates, a governmental agency had established rules regarding this technology, and such devices were widely used in the automobile industry.

  • State of Delaware v. Robinson

    Publication Date: 2018-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Lugg and Carolyn S. Hake for the state
    for defendant: Patrick J. Collins for defendant.
    Case Number: D68164

    The state violated a criminal defendant's constitutional rights when it obtained documents from his prison cell and reviewed confidential attorney-client information without court approval.