Delaware, January, 2007, State Case law

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State Courts - Delaware - January 26 - January 29, 2007

Jones v. Bd. of Adjustment of Sussex County, C.A. No. 06A-04-001-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, January 26, 2007, Decided
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Overview: As a board of adjustment failed to address the legal standard for granting an area variance and failed to apply the facts to any of the mandatory criteria for granting variances set out in Del. Code Ann. tit. 9, ? 6917(3), its grant of a special use exception to allow property owners to operate a dog kennel was reversed.

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Maurer v. Council on Police Training, C.A. No. 06A-07-003 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 26, 2007, Decided
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Overview: Decision of the Council on Police Training (COPT), decertifying appellant former officer as a police officer in the State of Delaware was vacated and remanded for a new hearing because the COPT committed legal error when it failed to apply the Administrative Procedures Act rules governing hearings to the officer's decertification hearing.

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State v. Wallace, DEF. I.D.: 0511021501, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2007, Decided
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Overview: The State proved beyond a reasonable doubt that defendant committed murder in the first degree by strangling and stabbing his nine-year-old cousin as the physical evidence, coupled with defendant's confession, supported such a finding but it was shown that defendant was under a psychiatric disorder, pursuant to Del. Code Ann. tit. 11, ? 401(b).

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State v. Weatherspoon, Def. ID # 0001003156 R-2, SUPERIOR COURT OF DELAWARE, SUSSEX, January 26, 2007, Decided
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Overview: The inmate's petition for postconviction relief was time-barred and, contrary to the inmate's claim, was not subject to the exception for newly recognized claims. To extent the inmate argued cause for relief was ineffective assistance of counsel, claim was barred because the inmate should have raised it during his first postconviction motion.

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State v. White, ID #: 0210011281, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2007, Decided
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Overview: An inmate's second motion for postconviction relief (PCR) pursuant to Del. Super. Ct. R. Crim. P. 61 was barred as repetitive and procedurally under Rule 61(i)(2) and (3), as the same claims were previously raised in his first PCR motion and his failure to raise a claim regarding his indictment was not prejudicial to his rights.

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Rhodes v. SilkRoad Equity, LLC, C.A. No. 2133-N, COURT OF CHANCERY OF DELAWARE, KENT, January 29, 2007, Decided
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Overview: Plaintiff's motion to voluntarily dismiss slander claim was denied as Del. Ch. Ct. R. 41(a)(2) did not apply because it addressed voluntary dismissal of action, and plaintiff wished only to dismiss slander claim. To allow plaintiff to move slander aspect of dispute under Del. Ch. Ct. R. 15(a) would reward forum shopping.

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Summers v. State, No. 467, 2006, SUPREME COURT OF DELAWARE, January 29, 2007, Decided
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Overview: Because defendant's Del. Super. Ct. R. Crim. P. 35(a) motion to correct his sentence was based on the same ground as his fourth postconviction motion, pursuant to Del. Super. Ct. R. Crim. P. 61(i)(1), (4), (5), his postconviction motion was properly denied as time-barred, procedurally barred, and lacking evidence of a miscarriage of justice.

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