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   State Courts - Delaware - January 14 - January 18, 2005

  
Brittingham v. Bd. of Adjustment of Rehoboth Beach, C.A. No. 03A-08-002, SUPERIOR COURT OF DELAWARE, SUSSEX, January 14, 2005, Decided
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Overview: Settlement presented to the Board of Adjustment was equivalent to a final decision when there was no withdrawal of an application for variance and no formal approval, as the Board had a duty to speak when it appeared there was a final disposition.

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Haas v. Whitney, No. 158, 2004, SUPREME COURT OF DELAWARE, January 14, 2005, Decided
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Hazim v. State, No. 188, 2004, SUPREME COURT OF DELAWARE, January 14, 2005, Decided
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Overview: Defendant's second-degree conspiracy conviction was upheld because there was clearly sufficient evidence presented at trial to support the conviction; the evidence showed that defendant was well aware of her codefendants' plan to transport drugs.

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Middlebrook v. Ayres, No. 281, 2004, SUPREME COURT OF DELAWARE, January 14, 2005, Decided
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Saudi Basic Indus. Corp. v. Mobil Yanbu Petrochemical Co., No. 493, 2003, SUPREME COURT OF DELAWARE, January 14, 2005, Decided
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Overview: The statute of limitations did not bar a breach of contract and tort counterclaim filed against a foreign corporation because it chose to litigate the case in Delaware, instead of Saudi Arabia, which had no statute of limitations.

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Wilson v. Wilson, C.A.No. 04C-03-031 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 14, 2005, Decided
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Overview: Because motions to amend were to be granted liberally, and because defendant was not unduly prejudiced by the form of plaintiff's amended complaint, the fact that plaintiff's motion failed in form did not preclude granting leave to amend.

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Holland v. State, No. 262, 2004, SUPREME COURT OF DELAWARE, January 18, 2005, Decided
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Overview: Defendant was not prejudiced as the prosecutor linked his comments, regarding the veracity of the officer's testimony, to the evidence presented at trial. The statements were made in response to defense counsel's own credibility-based comments.

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