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   State Courts - Delaware - January 2 - January 3, 2003

  
Aeroglobal Capital Mgmt. v. Cirrus Indus., C. A. No. 01C-08-089 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 2, 2003, Decided
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Overview: There was no personal jurisdiction over defendant individuals where there was no resulting tortious injury in Delaware, even though alleged actions of defendants fell under the ambit of Delaware's long-arm statute by virtue of the conspiracy theory.

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MacDonald v. State, No. 61, 2002, SUPREME COURT OF DELAWARE, January 2, 2003, Decided
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Overview: Cross-examination of defendant by referring to prior inconsistent statements he made to police after voluntarily waiving his Miranda privileges was proper, as he opened the door to such impeachment when he chose to testify at trial.

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Norwood v. State, No. 274, 2002, SUPREME COURT OF DELAWARE, January 2, 2003, Decided
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Overview: Police detective was properly permitted to opine that defendant intended to deliver cocaine that was found. Failure to conform to Daubert factors was not fatal because factors relied upon did not lend themselves to peer review and reliability rates.

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State v. Scott, I.D. No. 0004015109, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 2, 2003, Decided
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Overview: Trial court dismissed defendant's postconviction relief motion; double jeopardy did not attach before his guilty plea when trial court thought victim was not in court, dismissed charges, discovered mistake, and then reinstituted charges.

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Brown v. Houston Ventures, C.A. No. 2046-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 3, 2003, Decided
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Overview: Property owners were entitled to a prescriptive easement over their neighbors' lot, as they established by clear and convincing evidence open, notorious, adverse, and continuous use of a driveway for an uninterrupted 20-year period.

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Davis v. State, CRIMINAL ACTION NUMBER 01-11-3103, SUPERIOR COURT ID NUMBER 0110011512, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 3, 2003, Decided
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Overview: Defendant's appeal from jury conviction for offensive touching was without merit, as jury chose to believe victim's testimony over defendant's denial of offense, and defendant did not raise any other issues other than credibility issue.

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Gibbs v. State, No. 673, 2002, SUPREME COURT OF DELAWARE, January 3, 2003, Decided
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