Delaware, January, 2004, State Case law

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State Courts - Delaware - January 27, 2004

Atamian v. Hawk, No. 499, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Summary judgment was appropriate where a state trooper had reasonable suspicion to stop and frisk an individual, a private search was not a matter of government action, and there were no allegations of physical contact by the hospital or its agent.

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Cabrera v. State, Nos. 147/209, 2002, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Uncorroborated recantation of shaky witness was not grounds for new trial; Delaware's former death penalty statute did not violate Ring rule where aggravating factor was encompassed in jury's verdict.

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Cleveland v. State, No. 445, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Where a non-anonymous citizen informant's tip was presumptively reliable, detailed, predictive, and the police corroboration was extensive, a trial court did not abuse its discretion by denying defendant's motion to suppress.

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Connor v. TechClean Indus. Ltd., C.A. No. 03A-04-005 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 27, 2004, Decided
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Overview: Where an employee did not return to work after being placed on suspension for failing to show up for work, there was substantial evidence in the record to support a conclusion that the employee abandoned the job without good cause.

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Eley v. State, No. 551, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Greenley v. State, No. 279, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Where defendant's wife's testimony of what a witness told his wife about a motorcycle accident would have been hearsay within hearsay, cumulative, and of marginal relevance, the trial court correctly excluded the testimony.

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In re Watson, No. 517, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Miller v. State Farm Mut. Auto. Ins. Co., No. 307, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Decision dividing tortfeasor's insurer's $ 100,000 policy limit $ 20,000 to mother's estate for survival claim, $ 80,000 to first son, and zero to second son for their wrongful death claims was proper based on sons' mental anguish proof.

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Quirico v. State, No. 328, 2003, SUPREME COURT OF DELAWARE, January 27, 2004, Decided
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Overview: Convictions were affirmed because the trial judge's questioning of a police officer as to his opinion to what use seized controlled substances were to be put was not improper, and the prosecutor's statements did not jeopardize the trial's integrity.

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State v. Flonnory, I.D. # 0009019952, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 27, 2004, Decided
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Overview: Where defendant's motion for reargument was not timely filed and reiterated the same arguments that had previously been rejected, the motion was denied.

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