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| Correa v. State, No. 520,2005,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: Pro se defendant's failure, without any circumstances that might have excused lateness, to timely file a notice of appeal from a judgment as required by Del. Sup. Ct. R. 6 deprived that court of appellate jurisdiction.
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| Harris v. State, No. 433, 2005,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: It was manifest on the face of defendant's opening brief that his appeal was without merit. Not only was his motion for reduction of sentence untimely under Del. Super. Ct. R. Crim. P. 35(b), it also was repetitive. The court was not required to consider repetitive motions for reduction of sentence.
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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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| In re Emerging Communs., Inc. S'holders Litig., Consolidated Civil Action No. 16415 NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 9, 2006, Decided
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| In re Emerging Communs., Inc. S'holders Litig., Consolidated Civil Action No. 16415 NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 9, 2006, Decided
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| LaBarge v. Hensley, C.A. No. 05A-10-001 (THG),
SUPERIOR COURT OF DELAWARE, SUSSEX, January 9, 2006, Decided
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| Riley v. State, No. 88,2005,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: Trial court erred in denying suppression of drugs and paraphernalia seized from defendant, as officers lacked a legal basis for detaining him without first formulating a reasonable articulable suspicion of criminal activity that permitted a Terry stop, and his mere presence in an area under surveillance for underage alcohol sales was insufficient.
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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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| Standard Distrib. v. Hall, No. 157, 2005,
SUPREME COURT OF DELAWARE, January 9, 2006, Decided
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Overview: Because an objection to the admissibility of an expert's testimony was not made at the administrative hearing, pursuant to Del. R. Evid. 103, it was waived; the weight and credibility of the expert's testimony were reserved exclusively to the Industrial Accident Board.
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