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   State Courts - Delaware - January 8, 2007

  
Gonzalez v. State, No. 482, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because defendant provided no evidence supporting his claim that he did not receive 70 days' of credit for time served, and because defendant's violation of probation sentence inherently credited him with time served in accordance with Del. Code Ann. tit. 11, ¿ 3901(c) (2001), the trial court properly denied his motion for a reduction of sentence.

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Hartman v. State, No. 265, 2005, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: A superior court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea to third degree rape where he indicated his understanding of the plea agreement's terms, stated that no one had threatened or forced him to enter the plea, and expressed satisfaction with his counsel during the plea colloquy.

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In re Edwards, No. 529, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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In re Hallsted, No. 646, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Kostyshyn v. State, No. 213, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because defendant's appeal was wholly without merit and devoid of any arguably appealable issue, and because defendant's counsel properly determined that defendant could not raise a meritorious claim on appeal, pursuant to Del. Sup. Ct. R. 26(c), the judgment was affirmed, and counsel's motion to withdraw was moot.

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Proctor v. Brady, No. 137, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because an inmate did not establish that the attorney general arbitrarily failed or refused to perform a nondiscretionary duty owed to him, the inmate's mandamus petition to compel the attorney general to initiate enforcement proceedings under the State Freedom of Information Act, Del. Code Ann. tit. 29, ¿¿10005 (2003), was properly denied.

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State v. Layton, Defendant ID No. 0205011859 (R1), SUPERIOR COURT OF DELAWARE, SUSSEX, January 8, 2007, Decided
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Overview: Del. Super. Ct. R. Crim. P. 61 motion was denied, as defendant did not receive ineffective assistance of defense counsel since counsel conducted investigation of prior sexual abuse of victims, and defendant did not provide basis for determining that counsel was deficient in failing to uncover that victim was seeing school psychologist.

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Tenneco Auto., Inc. v. El Paso Corp., C.A. No. 18810-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 8, 2007, Decided
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Overview: Plaintiff's claim of tortious interference with contractual relations as to defendant failed, as defendant could not be held liable because it could not be fairly characterized as stranger to relevant insurance policies. Defendant, by virtue of merger of wholly-owned subsidiary with another entity, succeeded to other entity's residual rights.

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Tenneco Auto., Inc. v. El Paso Corp., C.A. No. 18810-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 8, 2007, Decided
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Thompson v. State, No. 202, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because the issues on appeal were clearly controlled by settled Delaware law, and because the trial court did not err in its application of the law to the facts of the case, the trial court properly denied defendant's motion for postconviction relief.

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