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| Henderson v. Chantry, C.A. No. 1486-K,
COURT OF CHANCERY OF DELAWARE, KENT, January 10, 2003, Decided
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Overview: Declaration of restriction that limited height of fences in subdivision to four feet was enforceable by residents. Acquiescence in certain restrictions did not amount to abandonment of distinct restrictions material and beneficial to affected owners.
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| In re Nat'l Auto Credit S'Holders Litig., Consolidated C.A. No. 19028,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 10, 2003, Decided
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Overview: Shareholders' pre-suit demand upon the corporate directors was excused because a reasonable doubt was established that the directors were disinterested, and their breach of loyalty and committing waste claims survived dismissal.
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| Malafronti v. Bayhealth Med. Ctr., No. 41, 2002,
SUPREME COURT OF DELAWARE, January 10, 2003, Decided
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| Qualls v. State, No. 644, 2002,
SUPREME COURT OF DELAWARE, January 10, 2003, Decided
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| Smith v. State, No. 355, 2002,
SUPREME COURT OF DELAWARE, January 10, 2003, Decided
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Overview: Defendant's first four claims about why the violation of probation hearing violated his rights were without merit and, thus, defense counsel was entitled to withdraw as to those claims, but remand was required to determine amount of time served.
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| State v. Barksdale, CIVIL ACTION NUMBERS IN02-06-0824, IN02-06-0825, IN02-06-0826,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2003, Decided
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Overview: Defendant's motion for a new trial or for a judgment of acquittal on convictions of burglary in the second degree and attempted theft was denied; there was sufficient evidence that defendant attempted to commit theft inside a victim's residence.
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| State v. Powell, I.D. No. 0111014286,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2003, Decided
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Overview: Motion for post-conviction relief was denied since defendant failed to show ineffective assistance of counsel, and, by pleading guilty, waived his claims of tainted evidence and deficient probable cause to execute and/or issue search warrant.
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| Stern v. LF Capital Partners, C.A. No. 19218,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 10, 2003, Decided
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Overview: Where a plaintiff, in response to a motion to dismiss, filed an answering brief, rather than amending its complaint, it was precluded from subsequently moving to amend absent a showing of good cause, which was not made.
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