Delaware, January, 2003, State Case law

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State Courts - Delaware - January 27 - January 29, 2003

Barkley v. Johnson Controls, C.A. No. 02A-01-003 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 27, 2003, Decided
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Overview: Trial court reversed industrial board's determination that claimant's non-work-related fall was noncompensable new injury and not aggravation of old work-related back injury; board was not to apply successive carrier liability tests.

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Conover v. State, Cr. ID: 9604003388, Cr.A.No. VN98-01-0667, VN98-01-0668, VN98-01-0669; VN98-03-0988, 0989, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 27, 2003, Decided
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Overview: Upon remand, trial court recalculated defendant's credit time and recommended he get credit for 442 days on Level V probation violation (VOP) sentence he was serving; VOP sentence relating to original sentence did not violate double jeopardy.

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Culp v. State, No. 401, 2001, SUPREME COURT OF DELAWARE, January 27, 2003, Decided
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Overview: Where there was evidence of motive, opportunity, and inconsistent admissions by defendant, showing a reckless murder by circumstantial evidence, a trial judge properly denied a motion for acquittal.

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In re Howard, No. 701, 2002, SUPREME COURT OF DELAWARE, January 27, 2003, Decided
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Overview: Where an attorney met the standards for reinstatement as a member of the bar, the state supreme court accepted the board on professional responsibility's recommendation and conditionally reinstated the attorney.

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In re Kulesza, No. 33, 2003, SUPREME COURT OF DELAWARE, January 27, 2003, Decided , January 27, 2003, Filed
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Rayfield Palmer, Defendant ID No. 9912007233, Criminal Action No. 99-12-0477 through 0479 (R2), SUPERIOR COURT OF DELAWARE, SUSSEX, January 27, 2003, Decided
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Overview: Defendant's second motion for postconviction relief was procedurally barred since it was untimely, repetitive, and the issues had been formerly adjudicated.

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Middlebrook v. State, Nos. 424/427, 2000, SUPREME COURT OF DELAWARE, January 28, 2003, Decided
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Overview: Where convicted defendant alleged that trial counsel failed to file direct appeal as requested, complete remedy was provided when trial court vacated defendant's original sentence and then reimposed it, as appeal period began to run anew.

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Webb v. State, No. 110, 2002, SUPREME COURT OF DELAWARE, January 28, 2003, Decided
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Overview: Where defendant's matter was remanded for the sole purpose of resentencing him on one conviction, he could not appeal other issues after the resentencing order because he already had by his prior appeal that resulted in the remand order.

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Caldwell Staffing Servs. v. Ramrattan, CA No. 02A-07-002-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2003, Decided
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Overview: Employer was denied due process when its president was denied the opportunity to examine witnesses at a hearing before the Delaware Unemployment Insurance Appeal Board, as a non-attorney employee could represent employer at an administrative hearing.

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State v. Cipolla, ID No. 9503014206, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2003, Decided
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Overview: Motion for postconviction relief because of ineffective assistance of counsel was denied because defendant was not prejudiced by a gun being admitted into evidence, and trial counsel interviewed before trial all the witnesses he knew about.

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