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Judge, Supreme Court of Delaware
Johns v. State
Supreme Court of Delaware · 2025-12-16
In Johns v. State, the defendant appealed his Superior Court convictions for drug dealing, possession of a firearm and ammunition by a person prohibited, receiving a stolen firearm, and related charges after police found drugs and a gun during a search of his home. Johns challenged the denial of his motion to suppress the evidence obtained via warrant, the admission of certain NCIC records at trial on hearsay and confrontation grounds, and the constitutionality of the felon-in-possession statute both facially and as applied. The Delaware Supreme Court affirmed the convictions, holding that the July 2022 anonymous tip, when corroborated by independent police surveillance, supplied probable cause for the warrant. On the evidentiary and constitutional claims raised for the first time on appeal, the court found no plain error because no controlling precedent established that the trial court had erred and the record was insufficient to evaluate the as-applied challenge.
criminal lawguns
Swanson v. State
Supreme Court of Delaware · 2025-12-15
In Swanson v. State, Marvin Swanson appealed his Superior Court convictions for possession of a firearm and ammunition by a person prohibited, challenging the denial of his motion to suppress evidence obtained after police detained him and the adequacy of voir dire on potential juror bias. The Delaware Supreme Court reversed the convictions, concluding that Swanson's transport to the police station amounted to a de facto arrest unsupported by probable cause. The court determined that the confidential informant's tip about Swanson possessing a firearm, combined with the discovery of a handgun in a nearby recycling bin after a pat-down yielded no weapon, failed to establish a sufficient connection between Swanson and the firearm to support probable cause for arrest.
criminal lawguns
Brewer v. State
Supreme Court of Delaware · 2025-12-12
Phillip Brewer filed this appeal from the Superior Court’s denial of his motion for default judgment in an action under the Wrongful Conviction Compensation and Services Act. The Supreme Court of Delaware issued a notice to show cause why the appeal should not be dismissed for failure to comply with Supreme Court Rule 42, which governs appeals from interlocutory orders. In response, Brewer argued against the denial of his motion but did not address his noncompliance with Rule 42. The Court dismissed the appeal because the denial of the motion for default judgment was not a final order, and absent compliance with Rule 42, the Court may only review final judgments.
criminal lawprocedure
Guilford v. State
Supreme Court of Delaware · 2025-12-09
This case involved Shaquan Guilford's attempt to appeal a Superior Court order denying his motions for postconviction relief and correction of an illegal sentence. Guilford received multiple directives from court clerks to file an official Form A notice of appeal and either pay the filing fee or submit a proper motion to proceed in forma pauperis, but he did not comply despite several opportunities and notices to show cause. He also failed to respond to the final show cause notice or complete the required filings. The Delaware Supreme Court dismissed the appeal under its rules for failure to pursue the appeal and unopposed dismissal.
criminal lawprocedure
Johnson v. State
Supreme Court of Delaware · 2025-12-05
In Johnson v. State, the defendant appealed the Superior Court's denial of his motion under Superior Court Criminal Rule 35(a) to correct an allegedly illegal sentence. Johnson had pleaded guilty to drug dealing heroin and second-degree conspiracy, agreeing to habitual-offender sentencing under 11 Del. C. § 4214(a) based on multiple prior felony convictions listed in the plea agreement, and the court imposed the recommended sentence of imprisonment with probation. On appeal, he contended that his sentence was illegal under Erlinger v. United States because two predicates were juvenile adjudications, the State had not proven the priors occurred on separate occasions, and the indictment did not allege the habitual-offender enhancement. The Delaware Supreme Court affirmed, holding that Johnson's guilty plea and admissions in the plea agreement and truth-in-sentencing form established his eligibility for enhanced sentencing, that he had not shown any factual basis to contest the number or timing of his prior convictions, and that he had forfeited any challenge to the indictment by pleading guilty.
criminal lawprocedure
Collick v. State
Supreme Court of Delaware · 2025-12-02
Michael Collick appealed from a Superior Court criminal proceeding in Delaware. The Supreme Court received a motion to proceed in forma pauperis but repeatedly directed Collick to file a notice of appeal, which he did not do. After he received a certified notice to show cause why the appeal should not be dismissed and failed to respond within the required period, the court dismissed the appeal as unopposed under Supreme Court Rules 3(b)(2) and 29(b).
criminal lawprocedure