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   State Courts - Delaware - January 28, 2002

  
Alston v. State, C.A. No. 01C-09-030 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 28, 2002, Decided
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Overview: Pro se litigant did not have resources or expertise to protect interest of class, so class certification was denied. There was no nexus between attorney general and alleged violations in complaint, so attorney general was dismissed from case.

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Draper v. State, No. 147, 2000, SUPREME COURT OF DELAWARE, January 28, 2002, Decided
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Overview: Defendant's request to speak to his mother before answering questions was ambiguous invocation of Miranda rights. Officer's failure to investigate ambiguity before defendant made incriminating statements required that statements be suppressed.

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Fuller v. State, No. 305, 2001, SUPREME COURT OF DELAWARE, January 28, 2002, Decided
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Overview: Upon remand from a direct appeal regarding defendant's sentence, the trial court properly credited defendant with time he served in prison awaiting trial on a trafficking offense prior to being placed in boot camp.

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In re Del. Bay Surgical Servs., Civil Action No. 2121-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 28, 2002, Decided
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Overview: Where a surgeon and an employee were not yet engaged in the prosecution of a joint venture, the employee's petition for dissolution had to be dismissed.

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Moore v. State, No. 286, 2001, SUPREME COURT OF DELAWARE, January 28, 2002, Decided
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Olde Colonial Vill. Condo. Council v. Millers Mut. Ins. Co., C.A. No. 99C-06-187-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2002, Decided
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Overview: Building's condemnation and required evacuation, caused by rotten supports, triggered insurance provision covering its collapse, but did not require payment for reconstruction to meet subsequently adopted building codes.

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State v. Brown, Def. ID # 9605005835, SUPERIOR COURT OF DELAWARE, SUSSEX, January 28, 2002, Decided
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Overview: Appeal was timely. Lack of a seal on warrant was moot. There was no joinder of indictments. Any errors in jury instructions were non-existent or non-prejudicial. Defendant could not show ineffective assistance of counsel.

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Young v. Food Lion, Inc., C.A. No. 01A-04-004, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2002, Decided
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Overview: Denial of workers' compensation benefits was upheld as employee had no swelling, no atrophy, no gait derangement, and no loss of range of motion. Without a physical manifestation of the injury, employee suffered no loss of use.

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