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   State Courts - Delaware - January 12 - January 13, 2005

  
Demarie v. Neff, C.A. No. 2077-S, COURT OF CHANCERY OF DELAWARE, KENT, January 12, 2005, Decided
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Overview: A buyer was not entitled to specific performance of a real estate purchase agreement as a result of his failure to pay the deposit called for in the contract and a showing that the seller never waived her right to the deposit.

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Dunne v. State, No. 254, 2004, SUPREME COURT OF DELAWARE, January 12, 2005, Decided
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Overview: Defendant's claim of a coerced guilty plea was refuted by the transcript of his plea colloquy; the sentencing judge confirmed with defendant that he was freely and voluntarily agreeing to plead guilty.

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Durham v. State, No. 227, 2004, SUPREME COURT OF DELAWARE, January 12, 2005, Decided
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Overview: While there was some evidence that a juror closed her eyes at various times, motion for new trial was properly denied because defendant failed to show that the juror actually missed portions of the trial and thus, prejudice was not shown.

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Fischer v. Fischer, Civil Action No. 2242-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 12, 2005, Decided
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Overview: After the wife sued for divorce and the husband died, so as not to frustrate a prenuptial agreement, their tenancy by the entirety property was to be owned 100 percent by the wife for her life subject to a resulting trust in 50 percent for his estate.

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Nat'l Paint & Coatings Assoc. v. Del. Dep't of Natural Res. & Env't Control, No. 121, 2004, SUPREME COURT OF DELAWARE, January 12, 2005, Decided
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Sinex v. Bishop, C.A. No. 04C-12-256 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 12, 2005, Decided
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Overview: As two clients had an unreasonable subjective impression that an attorney represented them, due to a lack of a contract for representation among them, and a bill for services rendered to the clients by the attorney, the attorney's motion for summary judgment on the clients' legal malpractice claim was granted.

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Lang v. Morant, No. 545, 2003, SUPREME COURT OF DELAWARE, January 13, 2005, Decided
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Overview: It was for jury to determine factual issue of whether negligent driver was acting as an agent of the owner-passenger when he collided with another car; judge should not have set aside jury's finding on fact-driven issue of agency in social situation.

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