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| AT&T Wireless Servs. v. Fed. Ins. Co., C.A. No. 03C-12-232 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2007, Decided
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Overview: Conduct by plaintiff in chancery court action revealed masterful manipulation and compromising of conduct of officers and board of directors of one entity in order to obtain control of that corporation, which was accomplished through plaintiff's officers placed on other entity's board; thus, insurance policy exclusion became applicable.
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| Bahena v. State, No. 572, 2006,
SUPREME COURT OF DELAWARE, January 30, 2007, Decided
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Overview: An appeal of a superior court's order directing forfeiture of appellant's motor vehicle was dismissed because appellant failed to comply with the requirements of Del. Sup. Ct. R. 42 with respect to interlocutory appeals; the appeal was also moot as the superior court had vacated the order at issue.
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| Brisco v. State, No. 162, 2006,
SUPREME COURT OF DELAWARE, January 30, 2007, Decided
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Overview: Where defendant was convicted of two counts of first degree robbery, judgment of superior court was affirmed, as the court was satisfied that defendant's counsel made a conscientious effort to examine the record and the law and properly determined that defendant could not raise a meritorious claim in this appeal.
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| Broadnax v. State, No. 371, 2006,
SUPREME COURT OF DELAWARE, January 30, 2007, Decided
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Overview: Because statements made by defendant during a three-way telephone conversation would have been admissible as admissions by a party opponent under Del. R. Evid. 801(d)(2)(A), defendant did not demonstrate in his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief that counsel erred by failing to move to exclude the statements as hearsay.
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| Creative Research Mfg. v. Advanced Bio-Delivery LLC, Civil Action No. 1211-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 30, 2007, Decided
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Overview: Equitable rescission of agreement under which plaintiff provided research and development services was justified, but given extensive nonmonetary relief being granted, breach of contract measure of damages was not appropriate; instead, court awarded rescissory damages in amount of operating costs and out-of-pocket expenses plaintiff incurred.
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| Henry v. Nanticoke Surgical Assocs., P.A., C.A. No. 05C-02-031 WLW,
SUPERIOR COURT OF DELAWARE, KENT, January 30, 2007, Decided
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Overview: A trial court granted a motion in limine by a physician and a medical practice to preclude a plaintiff from impeaching their medical expert with the expert's prior disciplinary history, as the history, which included a 14-year-old drug conviction, was not probative of the expert's truthfulness for purposes of Del. R. Evid. 608(b).
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| State v. Carrea, ID Nos. 0211005775, 0211005782, 0211003661 and 0211005796,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2007, Decided
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Overview: Despite the State seeking a higher burden in the jury instructions, because the changed mens rea, which occurred just prior to the State resting its case, left defendants unprepared to defend themselves, as they had not developed a defense, the indictment for failing to have an adult entertainment license was properly dismissed.
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| State v. Dehorty, I.D. Nos. 0608011196 and 0608012308,
SUPERIOR COURT OF DELAWARE, KENT, January 30, 2007, Decided
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Overview: The State's motion under Del. Super. Ct. R. Crim. P. 8 and 13 to try two indictments against defendant together was granted where acts that occurred in the first indictment culminated in the acts that resulted in the second indictment, the incidents were within 36 hours of each other, and there was overlapping evidence and witnesses.
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| State v. Reed, Def. ID # 0101023931,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 30, 2007, Decided
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Overview: Because the evidence against defendant was sufficient to support his conviction, and because defendant's claims of ineffective assistance of counsel were known and could have been raised in his first motion for postconviction relief, they were barred by Del. Super. Ct. R. Crim. P. 61(i)(2), (5).
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| State v. Walls, Def. Id # 0303007019,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 30, 2007, Decided
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Overview: Because defendant could have raised the claims regarding the jury instructions at trial, but did not do so, and because defendant did not raise a colorable claim of a miscarriage of justice, defendant's claims were procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(3), (5).
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