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| In re Reed, [NO NUMBER IN ORIGINAL],
COURT OF CHANCERY OF DELAWARE, KENT, February 2, 2004, Decided
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Overview: Prison took law books from prisoner; court dismissed his injunction claims (1) with prejudice for due process claim--no allegation that books were his, and (2) without prejudice for other claims--no exhaustion of prison grievance procedure.
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| New Castle County Dep't of Land Use v. Univ. of Del., No. 96, 2003,
SUPREME COURT OF DELAWARE, February 2, 2004, Decided
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Overview: On-campus branch bank in a Delaware state university's student union served the welfare and convenience of the whole campus community and was therefore a school use entitling the university to tax exemption, despite receipt of nominal rent.
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| Playtex Prods. v. Roland, Nos. 475/476, 2003, (CONSOLIDATED),
SUPREME COURT OF DELAWARE, February 2, 2004, Decided
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Overview: Although order awarding attorneys' fees on appeal from Delaware Industrial Accident Board decision became fixed entitlement as of date of order, order itself was interlocutory and had to await resolution of underlying cause before becoming final.
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| Wilson v. State, No. 370, 2003,
SUPREME COURT OF DELAWARE, February 2, 2004, Decided
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Overview: Denial of postconviction relief was upheld where, inter alia, defendant failed to show prejudice sufficient to support ineffective assistance of counsel claim and trial court's determination that defendant's claims had been adjudicated was correct.
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| McMartin v. Quinn, C. A. No. 03C-01-004-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 3, 2004, Decided
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Overview: Trial court granted wife's motion to vacate default against her; she reasonably (1) relied on estranged husband to handle corporate employer's affairs, (2) acted after learning of default, and (3) had defenses if issues were tried on merits.
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| Ortiz v. State, Cr. No. 0308001824,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 3, 2004, Decided
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| Padilla v. State, No. 76, 2003,
SUPREME COURT OF DELAWARE, February 3, 2004, Decided , February 3, 2004, Filed
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Overview: Because defendant's retrial was not in the interests of justice, the appropriate relief was the entry of a nolle prosequi in the trial court pursuant to Del. Super. Ct. R. Crim. P.48(a); defendant would receive the relief sought on appeal and be placed in the position he would have been had his motion to dismiss following a mistrial been granted.
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| State v. Hammons, ID No. 9809019760, Cr. A. No. IN98-10-0243R1, IN98-10-0251R1, IN98-12-1139R1,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 3, 2004, Decided
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Overview: Motion for expansion of record was denied as defendant failed to adequately substantiate reason he needed material requested; defendant neither established, not was able to support, a claim of potential prejudice due to trial counsel's performance.
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