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   State Courts - Delaware - January 7, 2005

  
Daniels v. State, No. 265, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Durkee v. Kirk, No. 276, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Overview: Where a father did not make a timely recission of an acknowledgment of paternity and there was no evidence that he signed the acknowledgment under duress or fraud, the father's petition to set aside a judgment of paternity was properly rejected.

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Goodson v. State, No. 222, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Overview: Defendant's conviction for harassment was a lesser included offense of his conviction for misuse of prisoner mail because he misused the mail to harass the victim; the harassment conviction violated double jeopardy and had to be vacated.

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In re Scarpinato, No. 451, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Overview: A father's petition for a writ of prohibition was denied where he sought to challenge a family court's entry of a temporary visitation order but had the alternative remedy of the ordinary appeal process available to him.

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Mills v. State, No. 317, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Overview: A trial court properly denied defendant's motion to correct an alleged illegal sentence imposed upon him for a probation violation, because defendant's motion only addressed alleged procedural errors instead of illegal sentencing issues.

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Morgan v. State, No. 338, 2004, SUPREME COURT OF DELAWARE, January 7, 2005, Decided
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Pesta v. Warren, Civil Action No. 03C-04-294 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 7, 2005, Decided
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Overview: A jury verdict finding that the owners of a rental building were negligent in failing to inspect a staircase but were not the proximate cause of a climber's injuries was upheld on appeal as no evidence was presented by the climber that corroborated her story that the second step pivoted when she stepped on it.

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State v. White, ID. # 0204017314, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 7, 2005, Decided
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Overview: Defendant's post-conviction motion for relief from convictions for drug trafficking and possession was denied, because defendant raised issues for the first time on appeal or reargued issues that had been adjudicated on direct appeal.

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