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| Caldwell v. State, No. 367, 2006,
SUPREME COURT OF DELAWARE, January 25, 2007, Decided
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Overview: When defendant did not attend a scheduled preliminary hearing because he was arrested on other charges, he was not entitled to a preliminary hearing, especially when he was subsequently indicted, and his arrest was not the result of illegal profiling when an officer saw him discard drugs, so his appeal was frivolous, under Del. Sup. Ct. R. 26(c).
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| EDIX Media Group, Inc. v. Mahani, Civil Action No. 2186-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, January 25, 2007, Decided
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Overview: When an employer was partially successful in a suit against an employee for the employee's violation of a noncompetition agreement, an award to the employer of attorney's fees exceeding the amount of damages awarded was not excessive, under Del. Law. R. Prof. Conduct 1.5, because the employee was responsible for delays resulting in increased fees.
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| Express Scripts, Inc. v. Crawford, Civil Action No. 2663-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, January 25, 2007, Decided
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Overview: Trial court denied merger parties' motion to disqualify law firm hired to advise merger challengers on ground of conflict of interest due to law firm's access in prior merger to confidential material regarding one merger party; disqualification was not warranted due to delay in requesting it and harm that would be caused to one merger challenger.
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| Hawkins v. State, No. 546, 2006,
SUPREME COURT OF DELAWARE, January 25, 2007, Decided
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Overview: Because defendant's claim that his habitual offender status under Del. Code Ann. tit. 11, § 4214(a) was illegal had been raised and rejected on direct appeal, the trial court properly denied defendant's motion for correction of illegal sentence.
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| Ortiz v. State, No. 539, 2006,
SUPREME COURT OF DELAWARE, January 25, 2007, Decided
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Overview: Superior court's denial of defendant's motion for postconviction relief was affirmed, on an independent and alternative ground, because the motion was procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(4) as the issues that defendant raised in the motion were also raised and rejected in his direct appeal.
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| Sillers v. State, No. 353, 2006,
SUPREME COURT OF DELAWARE, January 25, 2007, Decided
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Overview: Defendant's appeal of his sentence upon admitting probation violations was devoid of an arguably appealable issue, and, under Del. Sup. Ct. R. 26(c), his counsel made a conscientious effort to examine the record and the law and found defendant could raise no meritorious issue, so the sentence was affirmed, and counsel's motion to withdraw was moot.
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| State v. Demby, I.D. # 9412011308,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 25, 2007, Decided
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Overview: An inmate's second postconviction relief (PCR) petition was time-barred under Del. Super. Ct. R. Crim. P. 61(i)(1) and no colorable constitutional claim was stated; the claim that a juror in the inmate's second trial was not impartial lacked merit, and he was not constitutionally entitled to a free trial transcript for his PCR request.
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