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   State Courts - Delaware - January 19, 2001

  
Baxter v. Delaware Harness Racing Comm'n, C.A. No. 00A-07-002 HDR, SUPERIOR COURT OF DELAWARE, KENT, January 19, 2001, Decided
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Overview: Harness racing commission erred when it punished appellant trainer for the presence of Tetramisole in his horses' systems, as it had adopted guidelines stating that the drug did not assist performance.

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Bush v. Reyes, C.A. No. 98C-02-005-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 19, 2001, Decided
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Overview: Plaintiff's motion to reargue following dismissal of her action was denied; plaintiff's delay in answering discovery requests was excessive, and defendants were prejudiced, as they had to defend the case for a protracted period.

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England v. Soccorso, No. 261,2000, SUPREME COURT OF DELAWARE, January 19, 2001, Decided
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Fields v. State, No. 468, 2000, SUPREME COURT OF DELAWARE, January 19, 2001, Decided
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Overview: Defendant's conviction and sentence was affirmed on direct appeal, as there was no arguably appealable issue on the record.

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In re 244.5 Acres of Land, C.A. No. 98C-02-021, SUPERIOR COURT OF DELAWARE, KENT, January 19, 2001, Decided
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Overview: Agricultural preservation district's 50-foot setback applied to proposed development. "Permit-plus" rule applied because development was only in initial planning stages. Setback was not a taking because area could be put to other use.

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Mayers v. Rice, Civil Action No. 00-05-020, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 19, 2001, Decided
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Overview: Where landlords failed to given written list of damages to leased premises to tenant within 20 days, and did not tender difference between security deposit and costs of repair of leased premises, tenant was awarded double the security deposit.

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State v. Harden, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 19, 2001, Decided
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Overview: Even though defendant could have been convicted of incest in family court for abusing daughters, he was not protected from felony conviction in trial court due to the fact that victims were his daughters.

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State v. Patton, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 19, 2001, Decided
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Overview: Statements made during standoff negotiations were result of voluntary confession because negotiators did not expect to invoke incriminating response. Waiver of rights before interview was voluntary because defendant had adequate mental capacity.

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Whalen v. State, No. 451, 2000, SUPREME COURT OF DELAWARE, January 19, 2001, Decided
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Overview: Denial of appellant's motion for reduction or modification of sentence was affirmed because issues raised in motion were either raised, or could have been raised, in his previous motion for reduction or modification of sentence.

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