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   State Courts - Delaware - January 11, 2005

  
All Pro Maids, Inc. v. Layton, Civil Action No. 058-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 11, 2005, Decided
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Overview: Request for prejudgment interest was denied where corporation did not ask for it in the complaint, in the pretrial order, or during the trial, and failed to present evidence in a way that provided notice that it sought prejudgment interest.

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Brenner v. Farrell, No. 237, 2004, SUPREME COURT OF DELAWARE, January 11, 2005, Decided
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Overview: A trial court abused its discretion by awarding a wife alimony beyond the 66-month statutory maximum where the ex-husband showed that he had been making post-divorce payments, which the trial court did not count.

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City of Dover v. Myers, C.A. No. 04C-10-049, SUPERIOR COURT OF DELAWARE, KENT, January 11, 2005, Decided
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Overview: Earlier grant of appellant's request for a voluntary dismissal was vacated because appellee had already responded to the appeal and transferred it to the court for a jury trial. Appellee was not entitled to costs at an early stage of the proceedings.

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In re Hoffman, No. 565, 2004, SUPREME COURT OF DELAWARE, January 11, 2005, Decided
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State v. Henderson, CRIMINAL ACTION NUMBERS IN-04-04-1104 & IN-04-04-1105, ID No. 0403013451, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2005, Decided
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Overview: Although patdown of arrestee's companion by police who approached the arrestee and others in broad daylight as they left a Boys and Girls Club might have been permissible if the automatic companion rule applied under federal law, quantum of evidence supporting reasonable, articulable suspicion did not satisfy Del. Const. art. I, § 6.

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State v. Wilkerson, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, January 11, 2005, Decided
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Overview: Request that court order that defendant not be required to register as sex offender on ground that he was not informed of sex registration requirements at time of his plea was denied where requirements were collateral consequences to his guilty plea.

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Wall v. State, No. 212, 2004, SUPREME COURT OF DELAWARE, January 11, 2005, Decided
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Overview: Because defendant knowingly and voluntarily waived his appeal rights with regard to his drug possession conviction when he entered a first offenders program, the waiver of his appeal rights was upheld.

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