Delaware Habeas Corpus Law

State of Delaware v. Hall

Defendant was charged in relation to two incidents that occurred two days apart. On November 6, 2010, it was alleged that Defendant attempted to rob Alex Bush (“Bush”) at gunpoint as Bush existed a residence he was visiting. Bust struggled with Defendant and Defendant’s gun was discharged. Bush was unharmed and then fled the scene. On November 8, 2010, Bush was walkin... More...

$0 (01-20-2016 - DE)

Franks v. State Of Delaware

In 1992 Jermaine Wright was convicted of Murder in the First Degree, Robbery in the First Degree, and related weapons offenses for his involvement in what was known as the Hi-Way Inn murder/robbery. The Superior Court imposed the death penalty for his conviction of Murder in the First Degree. Prior to trial, Wright moved to suppress a statement he had given to police. He alleged... More...

$0 (01-13-2016 - DE)

State of Delaware v. Alley.

On August 28, 2014, Alley pled guilty to one count of Robbery Second Degree and one count of Theft of a Motor vehicle in connection with the above captioned case numbers. A pre-sentence investigation was order with sentencing at a later date. On December 1, 2014, as contemplated by the express terms of the guilty plea agreement signed by Alley, the State filed a motion to de... More...

$0 (11-17-2015 - DE)

State of Delaware v. Marvin Holmes

On December 3, 2012, a grand jury indicted Marvin Holmes on a single count of Escape in the Second Degree under 11 Del. C. § 1252. The State dismissed the charge of Escape in the Second Degree, and a grand jury re-indicted Holmes on a single count of Escape After Conviction under 11 Del. C. § 1253 on April 15, 2013. Prior to trial, Holmes filed a pro se Motion for Change of ... More...

$0 (11-04-2015 - DE)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in ot... More...

$0 (08-11-2015 - DE)

Wardell Leroy Giles v. Gary Campbell

Wardell Leroy Giles appeals the District Court's denial of his motion to substitute Gary Campbell's estate as a defendant pursuant to Federal Rule of Civil Procedure 25(a). For the reasons that follow, we will vacate the District Court's order and remand for further proceedings consistent with this opinion. . I. Giles was a prisoner serving time in the Delaware penal system at all ti... More...

$0 (10-16-2012 - DE)