Delaware, January, 2005, State Case law

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State Courts - Delaware - January 19 - January 20, 2005

Bennett v. Bennett, No. 230, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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DeJohn v. State, No. 325, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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Dorn v. State, No. 275, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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Gibson v. State, No. 322, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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Manlove v. State, No. 215, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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Overview: Trial court did not err by denying request for specific jury instruction since instructions as a whole conveyed requirement that more than defendant's mere presence at scene of crime was required to find him guilty of the drug charges.

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State v. Connor, DEF. I.D.: 0101011985, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 19, 2005, Decided
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Overview: Defendant whose probation conditions after pleading no contest included participation in sex offender treatment was found in violation after discharge from treatment for refusal to admit inappropriate conduct; no constitutional violations occurred.

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Watson v. State, No. 283, 2004, SUPREME COURT OF DELAWARE, January 19, 2005, Decided
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Overview: Denial of motion to modify sentence for violating probation was proper because motion to modify (1) presupposed that underlying conviction was valid, and (2) was filed too late to contest the sentence imposed--more than 90 days after sentencing.

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Forney v. New Castle County & Unemployment Ins. Appeal Bd., C.A. 04A-01-010-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 20, 2005, Decided
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Overview: Decision of an unemployment insurance board to deny benefits to the terminated employee was affirmed because the employee's excessive absences provided a legitimate reason for the employee's termination from her job with the county.

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State v. Dalton, C.A. 04A-09-012 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 20, 2005, Decided
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Overview: Because Delaware's state police expected state troopers to participate in charity events and benefited in terms of good will, a trooper's broken wrist suffered in a charity softball game arose out of and in the course of his employment.

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Windom v. Capitol Trail Jr. Football League, Inc., No. 415, 2004, SUPREME COURT OF DELAWARE, January 20, 2005, Decided
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Overview: Highest court dismissed minor's appeal of summary judgment for insurance agents, as appeal was of interlocutory order where trial court had not yet (1) approved dismissal of insurer, and (2) set hearing for damages against defaulted football league.

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