 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Bloomingdale v. State1/2/2004
g in the Court of Common Pleas, Bloomingdale filed an appeal to the Superior Court. The parties continued to litigate in the Court of Common Pleas while the Superior Court appeal was pending. The Court of Common Pleas decided the post-trial motions in favor of Bloomingdale, who then withdrew his appeal to the Superior Court. The State then appealed to the Superior Court the decision of the Court of Common Pleas vacating Bloomingdale's conviction.
In its appeal to the Superior Court, the State contended that: (a) Bloomingdale's initial appeal to the Superior Court divested the Court of Common Pleas of jurisdiction to consider the defendant's post-trial motions; (b) the suppression argument was time barred under Court of Common Pleas Criminal Rule 12(b); and (c) Jones did not preclude a finding that the arresting officer in this case had reasonable and articulable suspicion to stop Bloomingdale.
The Superior Court determined that the Court of Common Pleas did not have subject matter jurisdiction once the appeal to the Superior Court was perfected. The Superior Court reversed the trial court's order vacating the conviction and remanded the case for further proceedings. Specifically, the Superior Court found that the record did not indicate that the State had sufficient opportunity to make a full record with regard to the suppression issue. The Superior Court expressed concern that Bloomingdale had not challenged the stop until after the verdict was announced and stated that "allowing the trial court to announce a verdict before challenging the stop smacks of Defendant's maneuvering for advantage." [FN6] The Superior Court acknowledged, however, that it was not necessarily *1215 an abuse of discretion for the Court of Common Pleas to consider a suppression motion after the verdict. The Superior Court indicated that the Court of Common Pleas could choose on remand whether or not to revisit the issue.
FN6. State v. Bloomingdale, C.A. No. IN-9906013775, 2001 WL 845758, at *3, 2001 Del.Super. LEXIS 261, at *9 (Del.Super. July 17, 2001).
On remand, the Court of Common Pleas interpreted the Superior Court's opinion as holding that the suppression matter was untimely, reversed its original order and resentenced Bloomingdale. Bloomingdale once again appealed to the Superior Court, arguing that the Court of Common Pleas had misinterpreted the Superior Court's remand order, and again asserted that the stop was unconstitutional.
The Superior Court assumed, without deciding, that the trial court's original willingness to consider the post-trial suppression motion was not an abuse of discretion. The Superior Court, therefore, proceeded to consider the merits of Bloomingdale's challenge to the constitutionality of the investigatory stop. In a thorough and carefully-reasoned decision, the court affirmed Bloomingdale's conviction, holding that an anonymous tip reporting an erratic driver provided reasonable suspicion to stop Bloomingdale's car.
Issues on Appeal
Bloomingdale challenges the investigatory stop of his vehicle as unsupported by reasonable and articulable suspicion and, therefore, he argues that the stop is invalid under the United States and Delaware Constitutions. He contends that the anonymous tip on which the stop was based could not itself create reasonable and articulable suspicion because Chief Capriglione did not himself observe any erratic driving or any other objective evidence that Bloomingdale was driving under the influence before stopping Bloomingdale's car. The State contends that the stop was valid and that Bloomingdale waived his suppression argument by presenting it too late in the proceedings.
Whether the police officer possessed a reasonable and articulable suspicion before detaining Bloomingdale is a
Page 1 2 3 4 5 6 7 8 9 Delaware DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|