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   State Courts - Delaware - January 16 - January 17, 2002

  
Williams v. State, Nos. 470 and 475, 2001, SUPREME COURT OF DELAWARE, January 16, 2002, Decided
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Overview: Delaware counsel faced positional conflict of interest when interests of two different clients would require him to take conflicting appellate positions as to weight to be given jury recommendations.

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Black v. State, No. 611, 2001, SUPREME COURT OF DELAWARE, January 17, 2002, Decided
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Burns v. Panzier, Civil Action No. 2000-07-219, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 17, 2002, Decided
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Overview: A driver failed to show by a preponderance of the evidence that a cyst on his spleen was proximately caused by a motor vehicle accident in which the driver was injured where there was conflicting medical evidence on that issue.

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Cornish v. State, Def. ID # 9810007587, SUPERIOR COURT OF DELAWARE, SUSSEX, January 17, 2002, Decided
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Overview: Defendant showed no prosecutorial misconduct, and his guilty plea was knowing, voluntary, and intelligent. Neither trial attorney committed error, nor did counsel coerce the plea, and counsel did not err by failing to move to suppress evidence.

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Cribb v. Telxon Corp., No. 9, 2002, SUPREME COURT OF DELAWARE, January 17, 2002, Decided
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Jarmon v. State, Def. ID # 9509022629, SUPERIOR COURT OF DELAWARE, SUSSEX, January 17, 2002, Decided
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Overview: Defendant's motion for postconviction relief from a cocaine conviction was denied as procedurally barred where he failed to object on direct appeal to an allegedly improper enhanced sentence, a deficient indictment, and erroneous jury instructions.

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Kelly v. McKesson HBOC, Inc., C.A. No. 99C-09-265 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 17, 2002, Decided
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Overview: In target corporation's shareholders' suit, after stock acquirer's write-offs caused stock price to plummet, for breach of contract and misrepresentations, court denied shareholders' motion for partial summary judgment.

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State v. Exum, ID No. 9702003987, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 17, 2002, Decided
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Overview: Defendant's petition for postconviction relief was denied; ineffective assistance of counsel claims were meritless, as defense counsel did not err in failing to object to testimony by a police officer concerning observation of defendant.

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State v. Walton, Cr. A. No. # IK00-10-0170, SUPERIOR COURT OF DELAWARE, KENT, January 17, 2002, Decided
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Overview: Defendant alleged no facts showing due process violation by ill will, personal animus, or vindictiveness of the prosecution. Habitual offender law did not violate Eighth Amendment's prohibition against cruel and unusual punishment for defendant.

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