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Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness
Loaded on Aug. 15, 2021
by Anthony Accurso
published in Criminal Legal News
September, 2021, page 28
by Anthony W. Accurso
The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted the search.
In June 2018, Wilmington Police pulled over a vehicle belonging to Stephen ...
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
- The Many Roads to Relief Under Borden, by Dale Chappell
- Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
- Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
- Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
- Should Public Defenders Be Tweeting?, by Anthony Accurso
- California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
- California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
- Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
- Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
- Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
- Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
- Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
- Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
- Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
- Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
- It’s No Shock That Tasers Increase Brutality, by Casey Bastian
- South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
- California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
- Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
- Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
- FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
- Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
- Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
- Big Brother Is Watching You Through Your Car, by Jayson Hawkins
- Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
- Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
- Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
- Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
- Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
- Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
- Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
- Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
- Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
- Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
- When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
- The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
- The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
- Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
- Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
- News in Brief
More from Anthony Accurso:
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025
- Guaranteed Basic Income Programs for Prisoners Reduce Food Insecurity and Homelessness, Aug. 1, 2025
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025
- Nearly $60,000 Awarded to Mother Of Dead Missouri Prisoner In Suit For His DOC Records, July 15, 2025
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025
More from these topics:
- Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, Dec. 1, 2024. Expert Witnesses/Testimony, False Confessions, Indigent Defendants - Fees and Expenses.
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, April 15, 2024. Expert Witnesses, Expert Witnesses/Testimony.
- California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, Aug. 15, 2022. Sexually Dangerous Persons/Sexual Violent Predators, Expert Witnesses/Testimony, Denial of Due Process.
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, Jan. 15, 2021. Ineffective Assistance of Counsel, Murder/Felony Murder, Expert Witnesses/Testimony.
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, Jan. 15, 2021. junk science, Expert Witnesses/Testimony, Testimonial Statements.
- U.S. v. Frazier, No. 01-14680 (11th Cir.) (387 F.3d 1244) (October 15, 2004) (Judge Stanley Marcus), Nov. 1, 2004. Punch And Jurists, Expert Witnesses/Testimony.
- U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner), Nov. 1, 2004. Punch And Jurists, Expert Witnesses/Testimony.
- U.S. v. Cruz, No. 02-1458 (2nd Cir.) (363 F.3d 187) (April 2, 2004) (Judge Thomas J. Meskill), March 1, 2004. Punch And Jurists, Expert Witnesses/Testimony.
- U.S. v. Frazier, No. 01-14680 (11th Cir.) (322 F.3d 1262) (February 26, 2003) (Judge Stanley F. Jr. Birch), Dec. 1, 2003. Punch And Jurists, Expert Witnesses/Testimony.
- U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner), Feb. 1, 2003. Punch And Jurists, Expert Witnesses/Testimony.
