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   State Courts - Delaware - January 15, 2003

  
AIU Ins. Co. v. Lexes, No. 122, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Overview: Trial court erred in finding insurance company's complaint failed to state claim, as it did not dispute appraisers' valuations or methodology, but raised cognizable questions about coverage, exclusions, and provisions of appraisal clause itself.

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Dixon v. State, No. 573, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Gibbs v. Carroll, C.A. No. 02M-11-012, SUPERIOR COURT OF DELAWARE, SUSSEX, January 15, 2003, Decided
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Overview: Court granted prisoner's mandamus petition and compelled DOC to recalculate his education good time credits based on five-day monthly limit in effect when he was sentenced, not current two-day limit, and to adjust his short term release date.

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Hamil v. State, No. 521, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Hawthorne v. EDIS Co., C.A. No. 01C-09-183 HLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 15, 2003, Decided
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Overview: When an employer sought certification of an interlocutory appeal, under Del. Sup. Ct. R. 42, of the denial of a summary judgment motion, it showed the denial determined a substantial issue and established a legal right, but the denial did not allow a party to be indemnified for its own negligence, so it did not disregard or set aside a rule of law.

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In re Williams, No. 695, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Jenkins v. State, No. 376, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Overview: Defendant's appeal was wholly without merit and devoid of any arguably appealable issue; defense counsel conscientiously examined the record and the law and determined that defendant could not raise a meritorious claim on appeal.

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Monroe v. State, No. 414, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Overview: Record supported defense counsel's claim that defendant could not raise a meritorious argument on appeal from his conviction for robbery, and state supreme court affirmed defendant's conviction and held that counsel's motion to withdraw was moot.

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Simpers v. State, No. 90, 2002, SUPREME COURT OF DELAWARE, January 15, 2003, Decided
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Overview: Merger of two stalking charges was not plain error where defendant had no objection at trial, but claimed on appeal that the joinder was extremely prejudicial, as defendant did not explain how he was prejudiced and record did not support the claim.

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