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   State Courts - Delaware - January 20 - January 22, 2009

  
Fahmy v. State, No. 89, 2008, SUPREME COURT OF DELAWARE, January 20, 2009, Decided
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Overview: It was proper to deny an inmate's motion for postconviction relief because there was no merit to the inmate's allegations of ineffective assistance of counsel. Defense counsel's decision not to pursue severance of the inmate's trial was based on a reasonable, strategic decision to keep the inmate's codefendant from testifying against the inmate.

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Harris v. State, No. 299, 2008, SUPREME COURT OF DELAWARE, January 20, 2009, Decided
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Overview: Because the police had reason to believe that defendant was involved in criminal activity when he was stopped at 2:30 am and found to be on probation and out after curfew, defendant's subsequent arrest and conviction for resisting arrest and offensive touching did not violate his constitutional rights.

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Patrick v. State, No. 446, 2008, SUPREME COURT OF DELAWARE, January 20, 2009, Decided
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Reybold Venture Group XI-A, LLC v. Atl. Meridian Crossing, LLC, C.A. No. 08C-02-481 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 20, 2009, Decided
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Overview: A counterclaim for breach of fiduciary duty, raised in a superior court dispute over a de facto joint venture, was dismissed because a court of chancery, not a superior court, had exclusive jurisdiction to adjudicate the equitable claim, under Del. Code Ann. tit. 10, §§ 341 and 342, and, thus, affirmative defenses alleging the breach were stricken.

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Green v. Green, No. 377, 2008, SUPREME COURT OF DELAWARE, January 21, 2009, Decided
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Revel v. State, No. 627, 2008, SUPREME COURT OF DELAWARE, January 21, 2009, Decided
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Citizens Bank v. Bockrath, No. 434, 2008, SUPREME COURT OF DELAWARE, January 22, 2009, Decided
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Webb-Buckingham v. State, I.D. No. 0612020853 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 22, 2009, Decided
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Overview: Admission of intoxilyzer results in a trial for DUI, Del. Code Ann. tit. 21, § 4177(a), was proper because, although officer filled out paperwork during 20-minute observation period before testing, the evidence did not reveal lapse in monitoring significant enough that officer could have missed any eating, drinking, smoking, or regurgitation.

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