Delaware, March, 2002, State Case law

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State Courts - Delaware - March 13, 2002

Ashley v. State, No. 116/134, 1999, SUPREME COURT OF DELAWARE, March 13, 2002, Decided
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Overview: Trial court erred in failing to grant mistrial in defendant's prosecution for stabbing murder of inmate, after outburst by prior stabbing victim of defendant's. Outburst prejudiced defendant's self-defense claim in close trial.

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Cerberus Int'l, Ltd. v. Apollo Mgmt., L.P., No. 131, 2001, SUPREME COURT OF DELAWARE, March 13, 2002, Decided
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Overview: Summary judgment was improperly granted in an action for reformation of a merger agreement, which allegedly failed to compensate stockholders for the value of their outstanding warrants to purchase stock, as there were material factual conflicts.

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Davis v. Young, No. 518, 2001, SUPREME COURT OF DELAWARE, March 13, 2002, Decided
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Foster v. O'Connell, C.A. No. 01M-09-082, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2002, Decided
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Overview: Since state law prohibited concurrent sentences and only department of corrections could re-classify inmate for transfer to a different institution, inmate failed to establish clear legal right to writ of mandamus.

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Halliburton Co. v. Highlands Ins. Group, Inc., No. 156, 2001, SUPREME COURT OF DELAWARE, March 13, 2002, Decided
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In re $ 1,800.00 in United States Currency:, C.A. No. 98M-10-015 HDR, SUPERIOR COURT OF DELAWARE, KENT, March 13, 2002, Decided
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Overview: A convict's petition for the return of money seized in the course of a drug investigation was denied, because the convict's claim that he won the money while gambling failed to rebut a presumption that the money was forfeitable.

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State v. Rivera, IK00-07-0581-R1, IK00-07-0582-R1, IK00-07-0583-R1, IK00-07-0587-R1, SUPERIOR COURT OF DELAWARE, KENT, March 13, 2002, Decided
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Overview: Defendant's counsel was competent and effective and defendant failed to show any prejudice stemming from representation. Defendant's guilty plea was entered knowingly and voluntarily. All remaining claims were barred.

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State v. Selleck, No. 523, 2001, SUPREME COURT OF DELAWARE, March 13, 2002, Decided
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Williamson v. New Castle County, C.A. No. 19019-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 13, 2002, Decided
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Overview: Court denied motion to dismiss former and current county employees' suit for exclusion from county pension plan based on ? 1983 claims, but granted motion based on state statutes since former federal employees could lawfully be excluded.

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