Delaware, January, 2006, State Case law

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State Courts - Delaware - January 26, 2006

Bruton v. State, Case I.D. # 81000348DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2006, Decided
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Overview: After defendant waived his right to review a presentence investigation report, failed to show any plain error or prejudice resulting from his alleged inability to view the same, and failed to show any exception to his waiver of the right to review, his pro se motion request for the report was denied.

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Carello v. State, No. 416, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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Conway v. State, No. 504, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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Overview: An inmate's appeal was dismissed, as it was not timely filed under Del. Sup. Ct. R. 6. There was nothing in the record to reflect that the inmate's failure to file a timely notice of appeal was attributable to court-related personnel.

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Folks v. State, No. 311, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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Overview: Even though defendant's admitted prior conviction could not be used to make him eligible for sentencing as a habitual offender, since defendant admitted it had occurred, it could still be used as factor of personal history in determining an appropriate sentence. Therefore, sole issue raised in Del. Sup. Ct. R. 26(c) brief was meritless.

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In re Cyford, No. 623, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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In re Hyson, No. 531, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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Overview: Inmate who failed to show that he had been denied the right to appeal from a final judgment or that any grave matter of public policy and interest was involved could not obtain certiorari review of parole board's decision that his conditional release should be revoked.

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Jackson v. Burns, No. 457, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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O'Reilly v. O'Reilly, No. 427, 2005, SUPREME COURT OF DELAWARE, January 26, 2006, Decided
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Patchett v. New Process Fibre Co., C.A. No. 05A-05-008-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, January 26, 2006, Decided
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Overview: Decision refusing to void agreement signed by claimant as to compensation for disfigurement as result of his amputated fingers was proper. There was insufficient evidence to establish that mutual mistake existed, in that evidence showed that carrier clearly intended to settle for the sum that it did, and there was no evidence of misrepresentation.

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Rodriguez v. Farm Family Cas. Ins. Co., C.A. No. 04C-03-028 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 26, 2006, Decided
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Overview: Insurer's motion for summary judgment was denied as the two-year statute of limitations did not act as a bar to insureds' recovery when they were unable to identify the tortfeasor because she fled the scene without providing them with any information, and this act rendered the tortfeasor's vehicle uninsured under Del. Code Ann. tit. 18, ??3902.

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