US Courts

State v. Harris - Pretrial Motions Denied

The Delaware Superior Court denied three pretrial motions filed by defendant Phillip C. Harris in a criminal gang prosecution tied to the Exit 4 street gang. The court rejected the motion to dismiss, the motion to sever trial of August 2022 counts from July 2020 counts, and the motion to compel Brady disclosures. Harris faces 40 charges including two counts of first-degree murder among 167 total charges against nine defendants.

State v. Wal-Ikram - Postconviction Relief Motion Recommended for Summary Dismissal

Delaware Superior Court Commissioner issued a Report and Recommendation to summarily dismiss defendant Tahlal Wal-Ikram's Motion for Postconviction Relief under Rule 61. The defendant, previously convicted in 2018 on five counts including Possession of a Firearm by a Person Prohibited, Drug Dealing, and related charges, raised claims of ineffective assistance of counsel and prosecutorial misconduct following appeal affirmation in 2019.

View Operating v. StarStone Specialty Insurance - Insurance Coverage Dispute

Delaware Superior Court granted View Operating Corporation partial summary judgment against StarStone Specialty Insurance Company in an insurance coverage dispute arising from a de-SPAC merger. The Court rejected the insurer's 'public offering' exclusion argument and ruled that the insurer's payment obligation is triggered when the company commits to reimburse, not when it actually pays. The Court also denied StarStone's request for a declaration that its coverage denial was made in good faith.

State v. LaBarge - Postconviction Relief Denied

The Delaware Superior Court Commissioner issued a report recommending denial of Jeffrey LaBarge's Rule 61 Motion for Postconviction Relief and Motion for Sentence Modification. LaBarge was convicted of Murder Second Degree, Kidnapping First Degree, and Conspiracy First Degree arising from a July 2022 homicide. He received an aggregate 35-year unsuspended prison sentence in March 2024. The Commissioner's March 26, 2026 recommendation to deny the motions is subject to Superior Court judge review.

Victor Fairley v. State - Habitual Offender Erlinger Claim

Delaware Superior Court denied Victor Fairley's Rule 35(a) motion challenging his habitual offender sentence under Erlinger v. United States (2024). The court found Fairley's prior convictions were established through Shepard documents (indictments, plea agreements, sentencing orders) rather than the 'different occasions inquiry' at issue in Erlinger. The court lifted its previous stay on Erlinger claims for cases whose resolution is clear from developing case law.

Kakar v. Octo Consulting Group, LLC - Contract Dispute

The Delaware Superior Court issued a decision in consolidated cases between Kakar and Octo Consulting Group arising from a stock purchase agreement for Sevatec. After a five-day trial, the court found that Mr. Kakar breached his Employment Agreement by neglecting professional duties and breached his Non-Competition Agreement by filing suit in Superior Court. The court rejected most of Octo's counterclaims due to lack of evidence of legal wrongdoing by the Kakar parties, though it found both sides breached the SPA's post-closing processes.

Lineup Systems Corp v. Lee Enterprises - Fraud and Breach of Contract

The Delaware Superior Court denied Lineup Systems Corporation's partial motion for judgment on the pleadings in its software contract dispute with Lee Enterprises. The court ruled that Lee's fraud claims (fraudulent inducement and fraudulent concealment) are not barred by the integration clause in the parties' agreements, and that Lee adequately pled the requisite scienter and affirmative concealment elements.

Pousson v. D'Andrea - Negligence and Premises Liability Summary Judgment

Delaware Superior Court partially granted summary judgment in Pousson v. D'Andrea, dismissing negligence claims (Counts III, IV, V) and negligent entrustment claims (Counts VI, VII) against Defendants Sun Communities and Blue Water Hospitality Management. The court denied motions to exclude expert testimony from Mark Monteith. Plaintiff's premises liability claim against Sun Communities and negligent entrustment claims remain pending. The case involves a Labor Day 2021 golf cart incident at Massey's Landing Resort.

State v. Kellam - Criminal Sentencing/Postconviction Relief

The Delaware Superior Court denied Steven Kellam's motion to correct an illegal sentence pursuant to Super. Ct. Crim. R. 35(a). The defendant, convicted in 2017 of 38 offenses including two counts of first-degree murder, challenged his June 2025 resentencing. The court found no grounds to correct the sentence and denied relief.

Delaware court denies McDougal postconviction relief motion

Delaware court denies McDougal postconviction relief motion