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| Biondi v. Scrushy, C.A. No. 19896-NC, C.A. No. 19968-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 16, 2003, Decided
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Overview: Where a special litigation committee was not found to be independent or to exude good faith, due to its appointments, its actions, and its public statements, a stay of a derivative action pending the committee's investigation was denied.
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| Brice v. State, No. 468, 2002,
SUPREME COURT OF DELAWARE, January 16, 2003, Decided
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Overview: Amendments to Delaware's death penalty statute, made to comply with United States Supreme Court precedent requiring a jury to make a finding regarding the existence of an aggravating factor necessary for imposition of the death penalty, were valid.
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| Bryson v. State, No. 100, 2002,
SUPREME COURT OF DELAWARE, January 16, 2003, Decided
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Overview: Where defendant's guilt was established by the outward appearance of shotgun shells and eyewitness testimony, the trial judge properly denied a motion for acquittal; a mistake of law defense was an affirmative defense.
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| Donovan v. Dover Fed. Credit Union, No. 16, 2003,
SUPREME COURT OF DELAWARE, January 16, 2003, Decided
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Overview: Motion for stay had to be denied and trial court's grant of a writ of possession had to be affirmed as no basis existed for staying credit union's foreclosure action and no merit existed in mortgagor's appeal of writ of possession order.
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| Fletcher v. State, No. 397, 2002,
SUPREME COURT OF DELAWARE, January 16, 2003, Decided
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Overview: State's decision to nolle pros theft charge, after jury was informed of charge, was not shown to be unfairly prejudicial to defendant where issue was not raised below, jury was only instructed on other charges, and there was no evidence of jury bias.
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| Glenn v. State, No. 276, 2002,
SUPREME COURT OF DELAWARE, January 16, 2003, Decided
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Overview: There was no error in failing to hold a separate habitual offender hearing where defendant accepted a plea bargain and was sentenced in accordance therewith, as he waived his right to a separate hearing to determine his status as a habitual offender.
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