Delaware, January, 2004, State Case law

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State Courts - Delaware - January 12 - January 13, 2004

In re Melvin, No. 560, 2003, SUPREME COURT OF DELAWARE, January 12, 2004, Decided
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Overview: The Board on Professional Responsibility filed a report and recommendations on an attorney's petition for reinstatement to practice law, which recommended reinstatement upon certain conditions; such was deemed appropriate and was adopted.

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Miller v. State, No. 400, 2003, SUPREME COURT OF DELAWARE, January 12, 2004, Decided
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Overview: Where defendant's life sentence did not exceed the statutory limits, did not constitute double jeopardy, and was not ambiguous or contradictory, it was not illegal; defendant's motion to correct was untimely and procedurally barred.

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Nicotra v. Sussex County Bd. of Adjustment, No. 277, 2003, SUPREME COURT OF DELAWARE, January 12, 2004, Decided
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Patterson v. State, No. 241, 2003, SUPREME COURT OF DELAWARE, January 12, 2004, Decided
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Overview: Where the record revealed that defendant had rejected the State's first plea offer and thereafter acknowledged the crimes he was pleading guilty to, his postconviction motion alleging that the State breached the plea agreement was denied.

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Selby v. State, No. 376, 2003, SUPREME COURT OF DELAWARE, January 12, 2004, Decided
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Overview: Where the record unequivocally indicated defendant's understanding that the trial court was not bound by the State's sentencing recommendation, denial of his motion to correct sentence was proper.

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Galloway v. State, No. 157, 2003, SUPREME COURT OF DELAWARE, January 13, 2004, Decided
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Overview: The superior court did not err in denying defendant's motion to suppress a photographic identification because the presentation of only three photographs was not unduly suggestive where the victim had been shown more than 30 photographs in total.

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Jackson v. State, No. 287, 2003, SUPREME COURT OF DELAWARE, January 13, 2004, Decided
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Overview: Defendant's convictions of giving false names in writing on two police forms (forgery second) and verbally (criminal impersonation) did not plainly violate double jeopardy; forgery, not impersonation, required intent to benefit.

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State v. Ismaaeel, ID 0304002130, SUPERIOR COURT OF DELAWARE, SUSSEX, January 13, 2004, Decided
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Overview: Delaware statutory amendment that increased the minimum amount of cocaine required to support trafficking conviction did not apply retroactively, due to operation of general savings statute.

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Upshur v. Children's Place, Inc., C.A. No: 03A-06-005 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 13, 2004, Decided
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Overview: The claimant was disqualified from receiving unemployment benefits because the claimant voluntarily terminated her work for personal reasons, without good cause in connection with the work.

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