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| Johnson v. State, No. 548, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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Overview: Since defendant's difficulties in gaining access to prison library did not make his failure to file appeal within 30 days as required by Del. Sup. Ct. R. 6 attributable to court personnel, his appeal had to be dismissed as untimely.
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| Johnson v. Williams, No. 413, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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Overview: A Delaware Court Commissioner's decision was not a final order, so that state's highest court lacked jurisdiction to review an inmate's attempt to appeal a commissioner's denial of his habeas corpus petition.
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| Ketterson v. Wolf, No. 375, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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| Libeau v. Fox, No. 309, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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Overview: Trial court properly held that an owner waived her statutory rights to partition under Del. Code Ann. tit. 25, §§ 721, 724, 729, and 733 where she and the co-owners agreed to a procedure to sell their interests in a beach house that was inconsistent with a partition action. An explicit disclaimer of her partition rights was not required.
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| Marati, Inc. v. Agrinio, Ltd., C.A. No. 03C-06-014THG,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 24, 2006, Decided
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| Ramunno v. Faraone, No. 317, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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| Sanchez v. Vinson, C.A. No. 05M-12-007,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 24, 2006, Decided
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Overview: Although a trial court granted an inmate's motion to proceed in forma pauperis, a review of his mandamus petition, as well as of the criminal file, required dismissal of the action with prejudice under Del. Code Ann. tit. 10, § 8803(b), as the petition was legally and factually frivolous.
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| Sharp v. State Farm Mut. Auto. Ins., C.A. No. 05C-02-037 WLW,
SUPERIOR COURT OF DELAWARE, KENT, January 24, 2006, Decided
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Overview: Because an insured served a demand for a trial de novo on an insurer's counsel who later withdrew, but was replaced by another attorney from the same law firm, pursuant to Del. Super. Ct. R. Civ. P. 5(b), the insured's demand for a trial de novo was properly served.
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| Videtto v. State, No. 493, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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Overview: Appellate court affirmed the summary dismissal of an inmate's motion for postconviction relief pursuant to Del. Super. Ct. Crim. R. P. 61 as the inmate failed to establish any prejudice from his attorney's alleged ineffective assistance or the superior court's questioning of him at the habitual offender hearing.
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