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State Courts -
Delaware - January 4 - January 7, 2002
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Dalco Constr. Co. v. Fossett, C.A. No. 2001-09-483,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 4, 2002, Decided
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Overview: The failure to include, in an appeal from the justice of the peace court, all parties to the matter appealed, including a party against whom the action was dismissed, deprived the appellate court of jurisdiction to hear the appeal.
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State v. Barrow, Cr.A. Nos. IN97-02-1356 and IN97-1359, Cr.A. Nos. IN97-02-1331 and IN97-02-1334,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 4, 2002, Decided
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Overview: Where 1st and 2nd defendants' sentences for felony murders were overturned and new penalty hearing was held at which 3rd defendant's statement was excluded, different sentence was required; life in prison, rather than death penalty, was proper.
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