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| August v. Fifer, C.A. No. 05C-09-005-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 9, 2007, Decided
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Overview: Attorney's summary judgment motion was granted as client lacked standing to bring legal malpractice claim as client was divested of his interest in his contingent, unliquidated claim against attorney since he did not list claim in bankruptcy petition, estate did not abandon claim, and under 11 U.S.C.S. § 554(d), claim remained part of estate.
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| Loncki v. State, No. 320, 2006,
SUPREME COURT OF DELAWARE, January 9, 2007, Decided
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Overview: When defendant admitted in a plea agreement that he was a habitual offender under Del. Code Ann. tit. 11, § 4214, he had waived the procedural requirements of a motion and hearing to determine his status. Thus, his habitual offender sentence was valid despite the fact that the State had not made a motion to have him declared a habitual offender.
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| Keith v. Sioris, C.A. NO.: 05C-02-272,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2007, Decided
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Overview: Relationship in transaction between deceased and two individuals was adverse, so there was no duty or reliance by deceased on statements by individuals' attorney; thus, malpractice action by co-executor of deceased's estate against that attorney could not be sustained, and claim for negligent prosecution of malpractice action failed.
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| Soliman v. State, No. 270, 2006,
SUPREME COURT OF DELAWARE, January 10, 2007, Decided
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Overview: Defendant's claim that his conspiracy third degree conviction in violation of Del. Code Ann. tit. 11, § 511 could not stand given acquittal on charge of promoting prison contraband in violation of Del. Code Ann. tit. 11, § 1256 had to be rejected; conviction could stand because coconspirator, not defendant, committed the overt act.
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| Banks v. Banks, C.A. No. 2086-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, January 11, 2007, Decided
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Overview: The motions to dismiss for failure to join indispensable parties under Del. Ch. Ct. R. 12(b)(7) and 19(a) were denied where the children's action challenging the transfer of the decedent's property was not a will contest, but was based on the decedent's undertaking inter vivos. Thus, the will beneficiaries were not indispensable parties.
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| Dryden v. Estate of Gallucio, C.A. No. 442-N,
COURT OF CHANCERY OF DELAWARE, KENT, January 11, 2007, Decided
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Overview: Plaintiff, a decedent's ex-wife, was entitled to avoid the transfer of assets to an account in an amount sufficient to meet the decedent's promise to pay her $400 per month if she survived him. Under Del. Code Ann. tit. 6, § 1304, the decedent had acted with actual intent to hinder her when he established the account, held jointly with his widow.
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| State v. Chambers, I.D. No. 0311009491A,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2007, Decided
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Overview: Even assuming defendant's girlfriend was prepared to recant testimony regarding defendant's residence, motion for new trial, Del. Super. Ct. R. Crim. P. 33, was denied. Statement was not necessary to establish probable cause, girlfriend did not testify at trial, and evidence was submitted at trial that other people lived at residence at issue.
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| Walley v. State, No. 360, 2006,
SUPREME COURT OF DELAWARE, January 11, 2007, Decided
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Overview: Evidence supported habitual offender status even if prior conviction for delivery of cocaine was not counted, as defendant had also been previously convicted of possession with intent to deliver cocaine and burglary. Claim that trial court failed to hold habitual offender hearing under Del. Super. Ct. R. Crim. P. 35(b) was time barred.
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| Weston v. State, No. 96, 2006,
SUPREME COURT OF DELAWARE, January 11, 2007, Decided
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Overview: A trial court's summary denial of an inmate's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61(d)(4) (2006) was proper where the inmate failed to establish ineffectiveness of his counsel, as his claims regarding prosecutorial misconduct and his inability to testify were contrary to the record.
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