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State Courts -
Delaware - February 1 - February 3, 2006
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Flonnory v. State, No. 358, 2004,
SUPREME COURT OF DELAWARE, February 1, 2006, Decided
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Overview: Defendant's statements to his brother, which the brother quoted to the police during a videotaped interrogation, were hearsay within hearsay under Del. R. Evid. 801(2)(A) and admissible under Del. Code Ann. tit. 11, § 3507, in defendant's trial for first degree murder.
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Univ. of Del. v. New Castle County Dep't of Fin., C.A. No. 05A-06-009,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 1, 2006, Decided
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Overview: County Board of Assessment Review, as an inferior body, could not impose a deadline resulting in a forfeiture of the rights expressly conferred in both Del. Const. art. VIII, § I, as amended by 58 Del. Laws, 67 (1971), and Del. Code Ann. tit. 9, § 8103. Thus, a university remained entitled to a tax exemption of certain educational property.
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Vague v. Bank One Corp., C.A. No. 18741,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Bank was granted judgment in a former employee's suit to compel the bank to honor the employee's exercise of stock options in the bank as the employee failed to timely exercise the stock options according to agreements. Further, the employee failed to show a misrepresentation by the bank as to the exercise dates or justifiable reliance on his part.
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Fields v. Kent County, C.A. No. 1096-K,
COURT OF CHANCERY OF DELAWARE, KENT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Summary judgment was granted to property owners in an action challenging zoning decisions; the owners' motion to amend the complaint was allowable under Del. Ch. Ct. R. 15, and the county's act of approving zoning changes by resolution was a clear violation of Del. Code Ann. tit. 9, § 4110.
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Condon v. Neighborcare, Inc., C.A. No. 05C-04-005,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 3, 2006, Decided
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Overview: Second of two cases, alleging medical malpractice, was dismissed as time-barred as (1) the filing of the first case alleging wrongful death did not toll the statute of limitations on the second and (2) the statute of limitations on the second case had already run. Thus, nothing, including a notice of intent to investigate, tolled the statute.
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