Delaware, March, 2002, State Case law

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State Courts - Delaware - March 7 - March 9, 2002

Cuff v. State, No. 303, 2001, SUPREME COURT OF DELAWARE, March 7, 2002, Decided
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Overview: Witness's testimony and tape of 911 call presented substantial evidence to show that witness felt threatened by defendant, and convictions of aggravated menacing and possession of firearm during commission of felony were affirmed.

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Davis v. St. Francis Hosp., C.A. No. 00C-06-045-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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Overview: Motion in limine in medical negligence action to exclude evidence of annuity payments received by widow from husband's military pension was granted, as the annuity was earned and was not a public collateral source of compensation.

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Finestrauss v. Linda L. Phillips, C.A. 01A-05-002-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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Overview: Lawyer who fired former family friend whom he had hired as paralegal failed to show just cause disqualifying her from Delaware unemployment benefits eligibility, because substantial evidence indicated failure to warn her.

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Pendleton v. State, Def. ID # 0012013447, SUPERIOR COURT OF DELAWARE, SUSSEX, March 8, 2002, Decided
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Overview: Where counsel committed no error, and a plea colloquy did not support defendant's argument that he was tricked or coerced into pleading guilty, defendant was not prejudiced; the sentence tracked what was negotiated.

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Quaker City Tree Surgeons v. Flemming, C.A. No. 00A-05-010 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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Quaker City Tree Surgeons v. Flemming, C.A. No. 01A-05-010 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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State v. Hall, Def. ID # 9912011776, SUPERIOR COURT OF DELAWARE, SUSSEX, March 8, 2002, Decided
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Overview: Defendant's motion for post conviction relief was denied, as his argument that he should have had court-appointed counsel was procedurally barred; the issue had been previously adjudicated when defendant raised the issue on appeal.

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State v. Kester, ID #: 0001017369, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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State v. Lloyd, ID #: 0103008804 - PN-01-03-1512R1, ID #: 0106005195 - IN-01-07-0592R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2002, Decided
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Overview: The court modified defendant's sentence, as a six-month probationary period was improperly attached to a misdemeanor rather than a felony conviction, and the original order incorrectly stated that a sentence for theft was mandatory.

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Thomas v. State, No. 438, 2001, SUPREME COURT OF DELAWARE, March 9, 2002, Decided
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Overview: Absent motion made to trial court on basis that evidence was insufficient to sustain conviction, claim was waived on appeal unless there was plain error. Sufficient evidence supported finding of constructive possession of drugs by car passenger.

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