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State Courts -
Delaware - January 9, 2006
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Heesh v. State, No. 537, 2005,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: Since both Del. Code Ann. tit. 10, ? 147 and Del. Sup. Ct. R. 10(a) emphasized that notice of appeal was not considered "filed" until received by clerk's office, in the absence of any allegation that delays were caused by court personnel, court lacked jurisdiction over appeal filed four days late, despite claim it was mailed two weeks earlier.
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Sears v. Midcap, No. 263, 2004,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: In a survival, wrongful death, and subrogation action, reversal of a damages verdict against a retailer was entered, as the trial court erred in giving a missing evidence adverse inference instruction absent evidence that alluded to the intentional or reckless standard necessary to warrant the same, and said error was not harmless.
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