Delaware, March, 2002, State Case law

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State Courts - Delaware - March 5, 2002

Dickerson v. Simpson, No. 379, 2001, SUPREME COURT OF DELAWARE, March 5, 2002, Decided
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Overview: Because neighbor proved adverse possession by construction of canal, plotting of lots that were actually sold, and payment of taxes for many years, trustee's claim for ejectment failed.

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Hamilton v. State, No. 427, 2001, SUPREME COURT OF DELAWARE, March 5, 2002, Decided
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Overview: Apparent inconsistencies in court documents regarding sentencing and commitment dates were insufficient to establish that defendant was serving illegal sentence; trial court properly denied defendant's motion to correct clerical mistake.

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Mendez v. State, No. 318, 2001, SUPREME COURT OF DELAWARE, March 5, 2002, Decided
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Overview: Defendant's appeal was without merit and devoid of any arguably appealable issue. Defendant's counsel made a conscientious effort to examine the record and properly determined defendant could not raise a meritorious claim in the appeal.

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State v. Lepore, DEF. I.D.: 0010010795, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 5, 2002, Decided
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Overview: Defendant was not relieved of criminal responsibility for vehicular assault, even if flagger in construction zone and construction company were negligent, as defendant was driving while drunk, struck flagger, and caused serious injury.

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State v. Summers, IK97-10-0448-R1, IK97-10-0451-R1, SUPERIOR COURT OF DELAWARE, KENT, March 5, 2002, Decided
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Overview: Where defendant filed motion for postconviction relief after receiving relief on direct appeal, superior court adopted superior court commissioner's recommendation that it was appropriate to dismiss defendant's motion as procedurally barred.

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Wessells-Eskridge v. Eskridge, No. 13, 2002, SUPREME COURT OF DELAWARE, March 5, 2002, Decided
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