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State Courts -
Delaware - January 2 - January 5, 2007
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Kemske v. State, No. 168, 2006,
SUPREME COURT OF DELAWARE, January 2, 2007, Decided
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Overview: Trial court did not err in convicting defendant of Sexual Exploitation of a Child, in violation of Del. Code Ann. tit. 11, § 1108(a)(1), and Violation of Privacy, in violation of Del. Code Ann. tit. 11, § 1335; evidence showed he filmed child nude for his sexual gratification and in a place the child would have a reasonable expectation of privacy.
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C&J Paving, Inc. v. Hickory Commons, LLC, C.A. No. 06L-07-023 THG,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 3, 2007, Decided
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Overview: Motion to dismiss a mechanic's lien claim was granted as the work that formed the basis of the action consisted of improvements to land, alone, and the provider of materials and labor to a subcontractor failed to meet the requirements of Del. Code Ann. tit. 25, § 2703 as it did not present a contract signed by the owner for the work performed.
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State v. Ismaaeel, Def. ID # 0304002130 - R2,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 4, 2007, Decided
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Overview: Although a court made misstatements of fact regarding the circumstances of an inmate's arrest in denying his first postconviction relief (PCR) motion, as the factual errors would not have changed the validity of the inmate's detention and search under Del. Code Ann. tit. 11, §§ 1902, 4321(d), and 4334(b), there was no consequence.
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