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   State Courts - Delaware - January 2 - January 3, 2002

  
Crowhorn v. Boyle, C.A. No. 00C-02-032-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 2, 2002, Submitted , January 2, 2002, Bench Ruling Issued; March 14, 2002, Written Opinion Issued
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Overview: Doctor's causation opinion was excluded where it did not come close to being the product of a scientifically valid methodology or applicable to the facts at hand.

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Silverman v. Shahan, C.A. NO. 00-10-022, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, January 2, 2002, Submitted , January 2, 2002, Decided
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Overview: Although a breath test could not have been done at the police station where the driver was requested to take one, his refusal to take it after being advised of the penalties for such refusal were sufficient to order suspension of his license.

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State v. Costango, ID No. 0003008658, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 2, 2002, Decided
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Overview: Defendant's motion for postconviction relief was summarily dismissed, where defendant appeared to be seeking a modification of his sentence, as a motion for postconviction relief was not the appropriate vehicle to seek such modification.

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Wessells v. Am. Int'l Group, C.A. No.: 01A-05-003-RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 2, 2002, Decided
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Overview: Physician's testimony supported industrial accident board's denial of workers' compensation benefits for claimant's elbow injury. However, denial of compensation for aggravated shoulder injury was not supported by substantial evidence.

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Baxter v. State, No. 492, 2000, SUPREME COURT OF DELAWARE, January 3, 2002, Decided
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Overview: Where trooper discovered a concealed weapon in defendant's car, trooper had probable cause to search entire vehicle for concealed weapons. Trial judge was not biased for ruling against defendant on a motion to suppress.

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Eden v. Dunckel, No. 111, 2001, SUPREME COURT OF DELAWARE, January 3, 2002, Decided
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Overview: The trial court properly declined to follow a therapist's recommendation as to visitation; it was not an abuse of discretion to expand visitation slightly to afford the mother an equivalent amount of visitation as she previously enjoyed.

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Holmes v. Wooley, No. 113, 2001, SUPREME COURT OF DELAWARE, January 3, 2002, Decided
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Overview: Each of best interests factors listed in Delaware custody statute was to be independently considered and then given its due weight and importance relative to other factors in a manner reflecting best interests of the child.

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In re Aquila, Inc. S'holders Litig., Consolidated Civil Action No. 19237, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 3, 2002, Decided
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Overview: Delaware court refused to enjoin tender offer by former parent to reacquire shares of former wholly owned subsidiary; shareholders failed to show likelihood of prevailing on merits, or any potential inequity.

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Jacobs v. City of Wilmington, Civil Action No. 18679, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 3, 2002, Decided
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Overview: Non-mandatory traffic accident reports were specifically exempted from public disclosure. As such, they were not public records subject to disclosure under Delaware Freedom of Information Act.

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