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   State Courts - Delaware - January 13 - January 14, 2000

  
Baldwin v. State, No. 143, 1999, SUPREME COURT OF DELAWARE, January 13, 2000, Decided
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Overview: There was no error in sentencing appellant as fourth offender due to three prior convictions for driving under influence, and impermissible factors were not considered in imposing sentence.

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Brumbaugh v. E.I. Dupont de Nemours & Co., No. 252, 1999, SUPREME COURT OF DELAWARE, January 13, 2000, Decided
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Fitzgerald v. Cantor, C.A. No. 16297-NC, COURT OF CHANCERY OF DELAWARE, KENT, January 13, 2000, Decided
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Overview: Defendant could not introduce deposition testimony solely to introduce evidence outside the scope of direct examination; extrinsic evidence was inadmissible where the partnership agreement was clear on its face.

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Frunzi v. Department of Pub. Safety, Div. of State Police & Unemployment Ins. Appeal Bd., C.A. No. 98A-01-010-WTQ, C.A. No. 98A-03-004-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 13, 2000, Decided
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Overview: The court ordered attorneys to submit supplemental memoranda before it was willing to issue an opinion in denial of unemployment.

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Jones v. State, No. 338, 1999, SUPREME COURT OF DELAWARE, January 13, 2000, Decided
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Overview: Post-conviction relief based on ineffective counsel claim was meritless, since court reviewed presentence report and knew defendant was a child abuse victim, even though counsel had not presented that evidence at sentencing.

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Rodel, Inc. v. Smith, C.A. No. 99A-04-006 WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 13, 2000, Date Decided
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Overview: The court affirmed disability award where there was substantial evidence to support award.

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Watters v. E. I. Dupont De Nemours & Co., C.A. No. 98A-02-008 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 13, 2000, Date Decided
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Overview: Industrial Accident Board not allowed to use its experience to create evidence or make issue dispositive decisions based thereon without affording parties notice and opportunity to contest applicability of that experience to issues before it.

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Daisy Constr. Co. v. W.B. Venables & Sons, C.A. No. 95C-02-011-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 14, 2000, Decided
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Overview: Cross-claim defendant was not entitled to dismissal of cross-claim because it provided sufficient notice of claim, and fact issue remained as to which party refused claim.

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Insteel Wire Prods. v. Klinger, No. 272, 1999, SUPREME COURT OF DELAWARE, January 14, 2000, Decided
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United Propane v. Deborah Sowers-Vescovi & Unemployment Ins., Civil Action No. 99A-05-001, SUPERIOR COURT OF DELAWARE, SUSSEX, January 14, 2000, Date Decided
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Overview: In appeal by employer of unemployment benefits award to claimant by Unemployment Insurance Appeal Board (board), the board erred in not making a two-step analysis and in failing to consider other issues based on the facts.

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