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State Courts -
Delaware - January 27 - January 30, 2009
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Shepherd v. State, No. 189, 2008,
SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Overview: Denial of postconviction relief motion was proper because, inter alia, affidavit stating that officer took custody of inmate from state police and took him to hospital where he ran out of bathroom door was sufficient to support charge of second degree escape, Del. Code Ann. tit. 11, ? 1252, and counsel was not ineffective for not moving to dismiss.
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Westgate v. Laumbach, No. 480, 2008,
SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Overview: Because a Quonset hut on the neighbors' property, their expanded driveway, welding, sandblasting, spray painting, and the accumulated debris on their property clearly violated the restrictive covenants governing the parties' subdivision, pursuant to Del. Sup. Ct. R. 25(a), the neighbors' appeal of an order in the owners' favor lacked merit.
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