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| Capano v. State, No. 131, 2005,
SUPREME COURT OF DELAWARE, January 10, 2006, Decided
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Overview: While defendant's ineffective assistance of counsel claims lacked merit, his death sentence under the 1991 version of Del. Code Ann. tit. 11, § 4209 was constitutionally flawed as such was imposed only by the judge. Further, a resentencing did not violate his double jeopardy rights because imposition of the death penalty was not an "acquittal."
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| Donovan v. Johnson, C.A. No. 05C-01-004-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 10, 2006, Decided
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Overview: Where a truck driver was injured, and his truck, trailer, and the bobcat that it was carrying were damaged in a collision with an uninsured van driver, the truck driver's insurer was obligated to provide coverage for all of the injuries and damages, as mandatory minimum coverage under Del. Code Ann. tit. 18, § 3902(a) included personal property.
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| Harrington v. Harrington, No. 288, 2005,
SUPREME COURT OF DELAWARE, January 10, 2006, Decided
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Overview: Family Court properly awarded primary residential custody of the parties' daughter to her mother, given her greater stability and consistency, after adequately addressing all the relevant factors within Del. Code Ann. tit. 13, § 722. Further, its failure to explicitly address factors irrelevant to its decision did not amount to reversible error.
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| Poe v. Poe, No. 220,2005,
SUPREME COURT OF DELAWARE, January 10, 2006, Decided
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Overview: In adequately considering the best interest of the child, as required by Del. Code Ann. tit. 13, § 722, and the parents' inability to communicate effectively regarding their childrens' needs, a mother's motion to modify custody in her favor was properly denied, and an order requiring them to refer all medical issues to a medical staff was upheld.
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| Shea v. Matassa, C.A. No. 05C-07-224-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2006, Decided
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Overview: Court dismissed suit brought by family, seeking to recover for decedent's death, which was caused by intoxicated driver who had been served alcohol by bar owner and its employees since Delaware Supreme Court had refused to create common-law cause of action against tavern owners, and court was duty bound to follow law as pronounced by supreme court.
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| Willie Gary LLC v. James & Jackson LLC, C.A. No. 1781,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Where a limited liability company agreement did not clearly and unmistakably provide that the determination of whether claims were arbitrable was within an arbitrator's province, it was a court's decision as to whether claims asserted were subject to mandatory arbitration; as judicial remedies were contemplated, arbitration was denied.
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