Delaware, January, 2005, State Case law

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State Courts - Delaware - January 27, 2005

Clawson v. State, No. 203, 2004, SUPREME COURT OF DELAWARE, January 27, 2005, Decided
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Overview: Delaware adopted bright-line rule that precluded admission of intoxilyzer test results in drunk driving prosecution unless State showed strict compliance with manufacturer's instructions for use.

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Hendrix v. Hendrix, No. 102, 2004, SUPREME COURT OF DELAWARE, January 27, 2005, Decided
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Overview: Family court did not abuse its discretion in granting joint custody to mother and father where it considered each best interest factor and weighed all evidence as to each factor in finding that joint and equal custody was in children's best interest.

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Heng Sang Realty Corp. v. Ng, No. 324, 2004, SUPREME COURT OF DELAWARE, January 27, 2005, Decided
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Phillips v. Loper, C.A. No. 02C-06-029 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 27, 2005, Decided
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Overview: Court denied plaintiff's motion for new trial after jury's zero damage award, as her evidence did not prove as a matter of law that collision, for which defendant was liable, either caused her alleged injuries or that her injuries were compensable.

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State v. Jones, Case I.D. 9911016309, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 27, 2005, Decided
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Overview: Defendant's motion to find Delaware's death penalty statute unconstitutional was denied; requirement that jury find existence beyond reasonable doubt of one of 22 statutory-enumerated aggravating factors was enough for him to receive death penalty.

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State v. Jones, Case I.D. 9911016309, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 27, 2005, Decided
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Overview: An uncharged murder was admissible in the penalty phase of defendant's capital murder trial, as it did not relate to a statutory aggravating factor in the Delaware death penalty statute, and the State could offer clear and convincing evidence of it.

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