Delaware, February, 2004, State Case law

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State Courts - Delaware - February 4 - February 5, 2004

Pritchard v. State, No. 280, 2003, SUPREME COURT OF DELAWARE, February 4, 2004, Decided
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Overview: Trial court did not err in admitting victim's birth certificate because fourth degree rape required intentional sexual intercourse with person under the age of 16. Thus, defendant had to know that State was going to prove that victim was under 16.

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Proctor v. Betts, No. 361, 2003, SUPREME COURT OF DELAWARE, February 4, 2004, Decided
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Overview: Because appellant failed to diligently prosecute the appeal, dismissal of the appeal was appropriate. Appellant chose not to file an opening brief, and without an opening brief, the state supreme court was unable to conduct a meaningful review.

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Simmons v. State, No. 381, 2003, SUPREME COURT OF DELAWARE, February 4, 2004, Decided
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Overview: Where a criminal appeal was wholly without merit, devoid of any appealable issue, and counsel had made a meritorious evaluation, the court granted the State's motion to affirm defendant's conviction, thus rendering counsel's motion to withdraw moot.

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Thompson v. Thompson, No. 337, 2003, SUPREME COURT OF DELAWARE, February 4, 2004, Decided
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Overview: Where the findings of a family court commissioner confirming a Maryland support order registered in Delaware were supported by the evidence, the family court did not use an improper standard of review or abuse its discretion in accepting them.

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Donaway v. George & Lynch, Inc., No. 239, 2003, SUPREME COURT OF DELAWARE, February 5, 2004, Decided
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Fuller v. State, No. 379, 2003, SUPREME COURT OF DELAWARE, February 5, 2004, Decided
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Overview: Where defendant's probation officer received a tip from a reliable informant, obtained approval to stop and search defendant's vehicle, the search was supported by probable cause and was a constitutionally reasonable search.

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Limehouse v. Steak & Ale Rest. Corp., C.A. No. 03C-03-299, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 5, 2004, Decided
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Overview: Exclusivity provision of the Delaware Worker's Compensation Act barred an employee's intentional infliction of emotional distress claim against his employer; however, the provision did not bar the employee's wrongful termination claim.

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McCleaf v. State, No. 684, 2002, SUPREME COURT OF DELAWARE, February 5, 2004, Decided
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Overview: Although second-degree forgery carried a maximum sentence of two years, defendant's 10-year sentence under Del. Code Ann. tit. 11, ? 4214 was at the low end of the sentencing spectrum for habitual offenders; therefore, the trial court properly denied defendant's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61(i)(3).

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