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   State Courts - Delaware - January 4 - January 7, 2002

  
Alston v. Dipasquale, C.A. No. 01C-07-050, SUPERIOR COURT OF DELAWARE, KENT, January 4, 2002, Decided
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Overview: Service was improper since citizen lacked court permission and service was not accomplished under proper statute or court rule. Claims should have been filed in chancery court rather than superior court.

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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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Holland v. Zarif, Civil Action No. 2099-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 4, 2002, Decided
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Overview: Defendants' motion to dismiss sex discrimination claim denied; office manager stated a claim in equity that state labor department abused its discretion in its handling of her discrimination claim.

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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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Riley v. State, No. 330, 2001, SUPREME COURT OF DELAWARE, January 7, 2002, Decided
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Smith v. State, No. 614, 2001, SUPREME COURT OF DELAWARE, January 7, 2002, Decided
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Overview: Where failure to file timely notice of appeal from denial of motion for postconviction relief was not attributable to court-related personnel, case did not fall within exception to general rule that mandated timely notice of appeal.

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