Delaware, February, 2002, State Case law

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State Courts - Delaware - February 14 - February 15, 2002

Price v. Blood Bank of Del., No. 191, 2001, SUPREME COURT OF DELAWARE, February 14, 2002, Decided
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Overview: Delaware trial judge's questioning of expert witness, in wrongful death action against blood bank after recipient died of AIDS, was so hostile as to destroy witness credibility in jurors' eyes, requiring retrial.

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State ex rel. Brady v. Ocean Farm Ltd. P'ship, C.A. No. 2036-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 14, 2002, Decided
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Overview: Ruling on motion to compel discovery of State's investigative report was deferred pending in camera review where, based on work product doctrine, court found it was unclear whether report was prepared in anticipation of litigation.

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State v. Male, I.D. 951008270, IN 95-10-0647, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 14, 2002, Decided
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Overview: Because defendant used immediate use of force upon victim in taking her wallet, he robbed her. Physical contact was not necessary; it was sufficient that when he attempted to take her wallet, she resisted.

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State v. Shirey, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 14, 2002, Decided
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Overview: Waiver of Miranda rights was knowing and intelligent, as voluntary test focused on behavior of law enforcement and not upon abstract inquiry as to defendant's free will or subjective view of reality. Totality of circumstances supported waiver.

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State v. Steele, Cr. A. No. IN00-04-1132 and IN00-06-1133, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 14, 2002, Decided
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Overview: Count of burglary first degree was insufficient, as indictment failed to specify the crime defendant intended to commit after entering apartment. State failed to prove beyond reasonable doubt that defendant committed conspiracy second degree.

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Duncan v. State, No. 310, 2001, SUPREME COURT OF DELAWARE, February 15, 2002, Decided
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Overview: Trial court did not err in defining word at, as was used in information charging defendant with reckless endangering for firing gun at victim, to include not only distinct target, but general direction of target as well.

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Johnson v. State, No. 363, 2001, SUPREME COURT OF DELAWARE, February 15, 2002, Decided
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Overview: Where defendant's sentence was deferred, and he was diverted into a boot camp followed by probation, defendant was not entitled to credit for time served at boot camp when he violated his probation.

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State v. Banther, Cr.A. Nos. IK97-05-0094, IK97-05-0096, IK98-06-009, IK98-06-0010, Supreme Court No. 69, 1999, SUPERIOR COURT OF DELAWARE, KENT, February 15, 2002, Decided
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Overview: On second remand, trial court concluded that jury foreperson had answered pre-trial voir dire question honestly when she indicated that she not been victim of violent crime; sexual assault against her occurred after her jury service.

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Thomas v. State, No. 566, 2000, SUPREME COURT OF DELAWARE, February 15, 2002, Decided
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Overview: Delaware defendant found competent to stand trial, who fought with successive attorneys, and to whom dangers of self-representation were fully explained, waived his right to counsel; stand-by counsel not required.

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Tolson v. Barnett & Wilson Surgical Assocs., P.A., C.A. No. 01C-05-040 HDR, SUPERIOR COURT OF DELAWARE, KENT, February 15, 2002, Decided
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Overview: Corporation was granted protective order prohibiting public disclosure of its policy and procedure manual for prisons where corporation established, through an affidavit, that the information in the manual was proprietary in nature.

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