Wilmington, DE – A new survey by the U.S. Chamber of Commerce ranked Delaware first for the fairness and reasonableness of the state’s legal system, rating the state number one for the tenth consecutive time since the periodic surveys began in 2002. This year’s findings, based on interviews with a national sample of more than 1,200 in-house general counsel and other executives who are knowledgeable about business litigation, put Delaware in the top two in all ten of the report’s categories, including first place in overall treatment of tort and contract litigation and judges’ competence.

“This report reflects a relentless commitment to predictability and fairness in our laws and our judiciary, and it confirms that Delaware’s standing as a premier place to do business remains as strong as ever,” said Governor Markell. “But, most of all, the number one ranking recognizes the talented jurists across all of our courts who consistently demonstrate outstanding intellect and legal expertise that produce thoughtful decisions.”

Delaware’s favorable litigation environment is one of many reasons so many business are choosing to locate, grow and incorporate in Delaware. Recovering from the recent recession, the state set an all-time high for number of jobs and Delaware’s job growth continues to lead the region, while the unemployment rate continues to be below the nation’s. Led by private employers, the state has seen 38,000 jobs created since the depths of the recession and has been recognized as one of the states best-prepared for the new economy.

In addition, the corporate franchise continues to strengthen both nationally and internationally. Last year the state set historic highs in the number of new companies formed, the percentage of Fortune 500 companies incorporated in the state, and the percentage of US initial public offerings (IPOs) that are Delaware companies. The survey by the U.S. Chamber Institute for Legal Reform reaffirms that the state’s success is in large part due to the quality of Delaware’s laws and judges.

Survey categories (Delaware ranking):

• overall treatment of tort and contract litigation (1)
• having and enforcing meaningful venue requirements (1)
• treatment of class actions and mass consolidation lawsuits (1)
• punitive damages (1)
• timeliness of summary judgment or dismissal (1)
• judges’ competence (1)
• discovery (2)
• handling of scientific and technical evidence (2)
• judges’ impartiality (2)
• juries’ fairness (2)

###

Wilmington, DE – Governor Jack Markell today thanked Vice Chancellor Donald F. Parsons, Jr. for his many years of service to the State of Delaware. Last week, Vice Chancellor Parsons informed the Governor of his decision not to seek reappointment to a second 12-year term. Vice Chancellor Parsons’s term expires on October 22, 2015.

“The Vice Chancellor’s decision to retire from the Court is a substantial loss to both the Court of Chancery and our state,” Governor Markell said. “I am pleased the Vice Chancellor has indicated he will continue serving the public after he leaves the court and that his contributions to our State, already significant, will continue. I wish the Vice Chancellor the best of luck in his future endeavors.”

###

WILMINGTON, DE – Deputy Attorneys General within the Delaware Department of Justice had several significant successes last week.

Trial success:

Deputy Attorney General Sonia Augusthy secured a conviction against 26-year-old Marcus Rosser of New Castle, in a jury trial on first degree assault, first degree robbery, two counts of possession of a firearm during the commission of a felony, and possession of a firearm by a person prohibited. Rosser shot a man during a drug deal at the Georgetown Manor Apartments on Christiana Road in New Castle in July 2013, and later that same night robbed another man.

Deputy Attorney General Kelly Breen secured a guilty verdict against Keith Berry, 28, of Wilmington, for resisting arrest. During a motor vehicle stop for loud music in September 2014, Berry became disorderly and refused to comply with officers’ requests.

Sentencing success:

Deputy Attorneys General Sonia Augusthy and Phillip Casale secured guilty pleas from Antonio Glover, 37, of Wilmington, for drug dealing, and possession of a firearm during the commission of a felony. After receiving a tip, officers found drugs and guns. Glover was sentenced to a minimum mandatory of three years in prison.

Resolution success:

Deputy Attorneys General Mark Denney, Jamie McCloskey, and Allison Abessinio secured a guilty plea from William Barksdale, 35, of Wilmington, to super-weight drug dealing and possession of a firearm by a person prohibited. Barksdale was the leader of the heroin trafficking activity at the Silver Springs Apartment complex in 2013 and 2014. He faces sentencing as a habitual offender in August.
Deputy Attorney General Jenna Milecki secured guilty pleas for second degree burglary and theft, from 23-year-old Scotty O’Brien, of Wilmington. In September 2014, O’Brien broke into a home in the 400 block of Lore Avenue in Wilmington, and took a number of items. O’Brien faces a one year minimum mandatory sentence, but could receive up to nine years in prison.

Deputy Attorneys General Kelly Breen and Danielle Brennan secured a guilty plea from Richard Weddington, 46, of New Castle, for attempted robbery, and possession of a deadly weapon by a person prohibited. In September 2014, Weddington walked into the Rite Aid Drug Store in the 2000 block of New Castle Avenue in New Castle, displayed a knife, and demanded money. Weddington ran from the store before getting any money. A habitual offender motion will be filed, resulting in a mandatory 28-year prison sentence for the attempted robbery.

Deputy Attorneys General Matthew Frawley and Phillip Casale secured a guilty plea from Andrew Flach, 25, of Galena, Maryland for first degree attempted robbery. In August 2014, Flach tried to steal the purse from a 71-year-old woman in the parking lot of the Dove Run Shopping Center in Middletown. Immediately following his plea, Flach was sentenced to the minimum mandatory three years in prison.

WILMINGTON, DE – Deputy Attorneys General within the Delaware Department of Justice had several significant successes recently.

Trials:

Deputy Attorneys General Matt Frawley and Christina Kontis secured a guilty verdict against Leshawn Buckham, 28, of Wilmington, on two counts of first degree robbery. Buckham was seen shoplifting from the Sears in the Concord Mall in Wilmington in August 2014. When approached in the parking lot, she assaulted two loss prevention officers from the store, including using pepper spray, before getting into a car and driving away.

Deputy Attorney General Marc Petrucci secured a conviction against Joseph Mullins, 28, of Clayton, on charges of second degree driving under the influence, careless driving, and failure to have insurance. He was immediately sentenced to 60 days in prison, followed by one year of probation. He is also required to complete a DUI program.

Sentences:

Deputy Attorney General Josette Manning secured five-year prison sentence for Casey Eller, 36, of Smyrna, for his guilty plea to first degree child abuse. In May 2014, Eller abused his 5-month-old son resulting in a long term, serious injury.

Deputy Attorneys General Joe Grubb and Michael DegliObizzi secured a four-and-a-half-year prison sentence against 28-year-old Darryl West of Bridgeville, for drug dealing, promoting prison contraband, and conspiracy. West was a corrections officer and was caught smuggling cell phones and marijuana into the prison.

Deputy Attorney General Jamie McCloskey secured a 20-year prison sentence for Jason Scott, 39, of Newark, for attempted murder and possession of a firearm during the commission of a felony. The shooting took place during a drug deal at a Pike Creek apartment complex in May 2014. Scott was also sentenced to probation for 2 counts of third degree burglary, and second degree conspiracy for a series of vehicle burglaries in New Castle County parks. Burglary 3rd Degree and Conspiracy 2nd degree in a separate case. His probation will run after his prison time, concurrent to his probation on the attempted murder.

Deputy Attorney General Jamie McCloskey secured a 9-year prison for Maurice Clements, 24, of Bear, for possession of a firearm by a person prohibited, drug dealing, and second degree conspiracy. Clements was also declared a habitual offender. Another defendant in the case, Michael Clements, 26, also of Bear, was sentenced to 5 ½ years in prison for possession of a firearm by a person prohibited, and drug dealing.

Deputy Attorney General Barzilai Axelrod secured a two-and-a-half-year prison sentence for Jerel Hackett, 45, of Wilmington for possession of burglar tools. In April 2014, Hackett tried to steal scrap metal from an electrical substation, and fled when police tried to arrest him. Hackett, who was declared an habitual offender, also received probation on his accompanying resisting arrest charge.

Deputy Attorney General Jan van Amerongen secured a prison sentence for Jamal Winckler, 25, of Newark. He was sentenced to 8 years, suspended after 3 years, followed by probation, on charges of fourth degree rape, and sex offender unlawful sexual conduct against a child. Winckler had sex with a young teen while the victim was at a friend’s house.

Resolutions:

Deputy Attorney General Sonia Augusthy secured a guilty plea from Paul Jewell, 32, of Newark, on charges of rape and continuous sexual abuse of child. Jewell faces a minimum mandatory sentence of four years in prison, and has agreed to request no less than eight years at sentencing.

Deputy Attorney General Phillip Casale secured a guilty plea from Corey Sliwinski, 18, of Wilmington, for possession of a firearm by a person prohibited. Sliwinski was arrested for two violations of probation, and police found a gun while searching his home. Sliwinski was sentenced to a minimum mandatory 5 years in prison, plus an additional 30 years of back time.

Deputy Attorney General Caterina Gatto secured a guilty plea to one count of second degree burglary, and two counts of third degree burglary from William Comrie, 44, of Newark. Comrie was responsible for two break-ins in Newark in April of 2014. He was sentenced as a habitual offender to eight years in prison.

Deputy Attorney General Jamie McCloskey secured a guilty plea from Gregory Davis, 57, of Clayton, to two counts of second degree burglary, and two counts of second degree forgery. Davis broke into homes, stole money and checks, and then cashed the checks at area banks. He is being declared a habitual offender, and sentencing is recommended for 12 years in prison.

Deputy Attorney General Jamie McCloskey secured a guilty plea to two counts of second degree robbery, and one count of second degree conspiracy from Dymere Hall, 22, of New Castle. Hall is responsible for the robberies of two convenience stores in New Castle County in December 2014.

WILMINGTON, DE – Deputy Attorneys General within the Delaware Department of Justice had several significant successes recently, including a case where a juvenile was adjudicated as an adult for a crime involving a firearm, consistent with Attorney General Denn’s announced focus on teens with guns.

Resolutions:

Deputy Attorneys General Jamie McCloskey and Caterina Gatto secured a guilty plea from 16-year-old Brandon Pendergast of Townsend, for second degree assault and possession of a firearm during the commission of a felony. Following an altercation during a Middletown High School football game on September 5, 2014, Pendergast, while riding in a van along East Lake Street, shot two teenagers on the street. Prosecutors also prevailed in a reverse amenability hearing on February 20, 2015, which kept all of the charges in Superior Court.

Deputy Attorney General Mark Denney secured a guilty from Brandon Turner, 21, of New Castle, to drug dealing and conspiracy, and from Alvin Phillips, 49, of Wilmington, for second degree conspiracy. The pair were involved in the sale of heroin throughout the New Castle area.

Deputy Attorney General Brian Robertson secured a guilty plea from Khalif Lewis 26, of Wilmington, for carrying a concealed deadly weapon. During a pedestrian stop along Concord Avenue in Wilmington in October 2014, police found Lewis trying to hide a loaded semi-automatic handgun.

Deputy Attorney General John Taylor secured a guilty plea for possession of a deadly weapon by a person prohibited, and second degree assault, from Jason Hall 46, of Wilmington. On August 27, 2014, Hall exchanged words with another man at a gas station on North Market Street in Wilmington. During the argument, Hall swung a box cutter at the victim, slicing him on the hand.

Deputy Attorney General Brian Robertson secured a guilty plea against 29-year-old Leroy Mitchell of Wilmington, for possession of a firearm by a person prohibited. Mitchell was stopped by police in the 800 block of Morrow Street in Wilmington for not wearing a seatbelt. When officers approached the car, they detected the smell of marijuana, which led them to search the vehicle. Officers found a loaded 9mm handgun next to the driver’s seat.

Deputy Attorneys General John Downs and Jan van Amerongen secured a guilty plea in State v. David Yarborough, 30, of Bear, to two counts of first degree attempted assault, and two counts of second degree burglary. Yarborough tried to hire a hitman to harm two individuals, but it turned out he was negotiating with an undercover officer. The Habitual Offender motion will be filed for the burglary charges, making the mandatory time for the assault and burglary 20 years in prison. Also resolved as part of the plea was an insurance fraud case, where the defendant will be sentenced on one count by Judge Young in Dover.

Deputy Attorney General David Holloway secured a guilty plea against Anthony Livesay, 48, of New Castle, in connection with a drunk driving incident. Livesay struck two vehicles in the area of Route 273 and Old Baltimore Pike on June 20, 2014, injuring the driver of one of the other cars. He pled guilty to driving under the influence for the fourth time, and first degree vehicular assault.

Sentences:

Deputy Attorney General Julie Finocchiaro secured a 30-year prison sentence against 47-year-old Joseph Slayton of Newark for first degree robbery, and first degree attempted robbery. Slayton was also declared an habitual offender. In April 2014, Slayton pushed an elderly woman to the ground in a parking lot and stole her purse, and a short time later tried to rob a nearby bank.

Deputy Attorney General Julie Finocchiaro secured a three year prison sentence for first degree robbery against Rachel Golden, 20, of Bear. Golden was sentenced for her part in the robbery of a pizza deliveryman at a Newark Apartment complex in April 2014.

Deputy Attorney General David Holloway secured a 10-year prison sentence, suspended after 4 years for 18 months of supervised probation, against Brian Taylor, 26, of Hampton, Virginia, for aggravated possession of drugs. Taylor was stopped for speeding on Route 1 on August 5, 2014, and after a search of the car, police found 257.5 grams of cocaine in the glove compartment.

Deputy Attorney General David Holloway secured a 10-year prison sentence, suspended after 10 months for 18 months of supervised probation, against Tyrone Gardner, 25, of New Castle, for drug dealing. During a traffic stop in July 2014, police found 50 bundles of heroin, along with a large amount of cash.