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   State Courts - Delaware - January 10 - January 12, 2000

  
Continental Ins. Co. v. Rutledge & Co., C.A. No. 15539, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 10, 2000, Date Decided
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Overview: Oral modification to partnership agreement was unenforceable under traditional contract interpretation rules and where parties' prior course of conduct had been to modify agreement by written amendment.

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Demby v. State, No. 162, 1998, SUPREME COURT OF DELAWARE, January 10, 2000, Decided
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Overview: First-degree murder conviction affirmed. Missing witness instruction was unnecessary; speculation as to witness's failure to testify was unlikely. Lesser-included offense instruction was proper due to accomplice issue.

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Fitzgerald v. Cantor, C.A. No. 16297-NC, COURT OF CHANCERY OF DELAWARE, KENT, January 10, 2000, Decided
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Overview: Motion to reopen the record to introduce new evidence challenging plaintiff's witnesses' credibility denied because evidence's value did not outweigh burden imposed on plaintiff and court by need to address the evidence.

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In re Grimes, File No. CN98-09968, Petition No. 98-37464, FAMILY COURT OF DELAWARE, NEW CASTLE, January 10, 2000, Decided
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Overview: Marital property was to be divided 55/45 in favor of the wife.

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Thomas v. Sanford, C.A. No. 98C-10-344-CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2000, Decided
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Overview: All parties in the auto accident were Delaware residents and the vehicles were registered in Delaware; thus, court granted defendant's motion in limine and held that Delaware law would be applied.

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Thompson v. State, No. 100, 1999, SUPREME COURT OF DELAWARE, January 11, 2000, Decided
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Overview: Post-conviction relief was properly denied since defendant provided no evidence that his counsel's representation fell below an objective standard of reasonableness or that counsel's alleged errors changed the proceeding's outcome.

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Carriere v. Peninsula Indem. Co., CIVIL ACTION NUMBER 99C-02-210-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 12, 2000, Decided
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Overview: Defendant could not assert timeliness defense in plaintiff's action to recover insurance benefits because it did not inform her that the limitation period for such actions had changed since its first communication with her.

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Dunn v. Dunn-Thorp, No. 391, 1999, SUPREME COURT OF DELAWARE, January 12, 2000, Decided
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Teagle, Criminal Action No. 81-03-0165 (R-2), 81-03-0166 (R-2), 81-03-0167 (R-2), 81-03-0168 (R-2), 81-03-0169 (R-2), 81-03-0170 (R-2), 81-03-0171 (R-2), 81-03-0172 (R-2), 81-03-0173 (R-2), SUPERIOR COURT OF DELAWARE, SUSSEX, January 12, 2000, Decided
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Overview: Where defendant had not established when he became aware of certain information, he did not establish that he could have circumvented the three-year time limitation for postconviction applications and his motion was denied.

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