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   State Courts - Delaware - January 15, 2002

  
Civarelli v. Bacchetta, C.A. No. 99C-03-100-JTV, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 15, 2002, Decided
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Overview: A tortfeasor's motion for a new trial or for remittitur of the verdict in a personal injury action was denied; the verdict was not against the weight of the evidence, and was not grossly out of proportion to the injuries suffered.

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Coverdale v. State, No. 343, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: Post-conviction relief petition was properly denied where plea hearing record indicated guilty plea was knowing and voluntary, not coerced. Delaware trial court had discretion regarding submission of supporting materials.

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Fuller v. State, No. 164, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: Defendant who sought to exclude evidence of prior arrest warrant could not object later to its absence; under certain factual scenarios, cocaine possession and trafficking under Delaware law contained identical elements.

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In re Holmes, No. 575, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: A petition for a writ of prohibition was dismissed, because the petitioner had an adequate remedy in the appellate process, and petitioner could not use the extraordinary writ process to accomplish indirectly what could not be done directly.

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In re Lucas-Insertco Pharmaceutical Printing Co., No. 572, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: A printing company's petition for a writ of mandamus ordering the trial court to lift a stay was dismissed; the company did not establish a right to the relief it sought, and the company had an adequate remedy in the appellate process.

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In re Webb, No. 583, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Ingram v. State, No. 479, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: The trial court properly denied defendant's petition for a writ of habeas corpus challenging his conviction; defendant's contentions of insufficient evidence to support the conviction were not properly a matter subject to habeas corpus review.

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Lum v. State, No. 211, 2001, SUPREME COURT OF DELAWARE, January 15, 2002, Decided
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Overview: Sentence of life imprisonment for unlawful sexual intercourse was affirmed where at the time of sentencing the crime carried a mandatory life sentence.

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Public Water Supply Co. v. Dipasquale, C.A. No. 01A-03-002, SUPERIOR COURT OF DELAWARE, SUSSEX, January 15, 2002, Decided
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Overview: A company was erroneously issued permits to supply water to a residential development, because the company was acting as a public utility, and therefore had to obtain a certificate of public convenience and necessity prior to supplying water.

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State v. Roberts, CRIMINAL ACTION NUMBERS IN-00-11-1714, IN-00-11-1715, IN-00-11-1716, IN-00-11-1718, IN-00-11-1719, IN-01-02-0569, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 15, 2002, Decided
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Overview: Defendant's statements were suppressed as not voluntary, where officer told him his offer to advise judge and prosecutors of defendant's cooperation would be withdrawn, and unfavorable consequences would follow, if he did not confess.

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