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   State Courts - Delaware - January 6, 2003

  
Clements v. Diamond State Port Corp., C.A. No. 02A-04-008-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE COUNTY, January 6, 2003, Decided
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Overview: A decision by the industrial accident board was affirmed where there was support for its resolution of conflicts in medical testimony and its determination as to which expert was better qualified to give an opinion as to a claimant's injury.

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Dow Chem. Co. v. Mg Indus., C.A. No. 99C-05-118, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 6, 2003, Decided
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Overview: In an action in which a company sought a declaration of its indemnification obligations to a competitor, both summary judgment and dismissal were precluded by an assignor estoppel defense and issues of privity with respect to an employee's actions.

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Filmore v. State, No. 566, 2001, SUPREME COURT OF DELAWARE, January 6, 2003, Decided
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Overview: Trial judge's refusal to put defendant's question five, or one similar to it, unfairly prejudiced defendant by failing to place the issue of prospective racial prejudice squarely before the jury as a matter of essential fairness as required.

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Guess v. State, No. 117, 2002, SUPREME COURT OF DELAWARE, January 6, 2003, Decided
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Overview: The trial judge correctly denied the motion to sever the motor vehicle charges from the burglary-related charges because the driving offenses were linked to the burglary charges where defendant's capture led to the discovery of stolen property.

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Johnson v. State, No. 577, 2002, SUPREME COURT OF DELAWARE, January 6, 2003, Decided
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Overview: Defendant's conviction became final in May 1997 and he was required to file any postconviction motion no later than May 2000. The superior court properly ruled that defendant's postconviction motion, which was not filed until July 2002, was untimely.

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Parker v. State Dep't of Corr., No. 538, 2002, SUPREME COURT OF DELAWARE, January 6, 2003, Decided
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Overview: Trial court properly dismissed the inmate's petition for mandamus compelling correction department to provide him with reasonable medical care, as the inmate's informed consent to medical treatment rendered his petition for a writ of mandamus moot.

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