Delaware, January, 2004, State Case law

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State Courts - Delaware - January 16 - January 20, 2004

Aspen Advisors LLC v. United Artists Theatre Co., C.A. No. 20010, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 16, 2004, Decided
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Overview: Delaware warrant holders who failed to exercise their purchase rights before extinguishment in corporate merger were bound by terms of warrants and could not demand remedies beyond those specified in warrants.

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Christiana Town Ctr., LLC v. New Castle County, No. 318, 2003, SUPREME COURT OF DELAWARE, January 16, 2004, Decided
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Mitchell v. Dorman, C.A. No. 2221-S, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 16, 2004, Decided
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Overview: In an action to quiet title in a half-acre of land, petitioner's motion for summary judgment was granted because petitioner's adverse possession of the disputed land ripened into legal title in 1991, 20 years after mistakenly conveying the property.

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Vill. Gardens Homes, Inc. v. Bougourd, C. A. No. 03A-05-003 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, January 16, 2004, Decided
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Overview: Decision to award building owners cost of replacement of foundation that was installed lower than building standards and with watered-down concrete was proper and logical; the concrete was not required strength and less durable.

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Allen v. State, No. 366, 2003, SUPREME COURT OF DELAWARE, January 20, 2004, Decided
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Overview: Where defendant's claims were not preserved for appeal and the trial court properly decided not to reopen its judgment in defendant's criminal case based on a rule of civil procedure, the appeal was without merit.

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Elliott v. State, No. 540, 2003, SUPREME COURT OF DELAWARE, January 20, 2004, Decided
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Overview: Where a superior court had authority to correct the effective date in a sentencing order that was based upon an oversight by the sentencing judge and an improper jail time credit, defendant's appeal lacked merit.

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In re Thomas, No. 410, 2003, SUPREME COURT OF DELAWARE, January 20, 2004, Decided
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Overview: Prisoner's mandamus motion seeking to compel a lower court to rule on a motion to correct a violation of probation sentence was dismissed as moot, because the prisoner had already completed serving the sentence in question.

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Johnson v. State, No. 398, 2003, SUPREME COURT OF DELAWARE, January 20, 2004, Decided
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State v. Devonshire, ID # 0307010804, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 20, 2004, Decided
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Overview: Suppression of drug evidence seen when officer went with defendant's former girlfriend to their bedroom in his mother's home to get her possessions was granted under state constitution; his sister had apparent, not actual, authority to consent.

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Thomas v. State, No. 431, 2003, SUPREME COURT OF DELAWARE, January 20, 2004, Decided
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